Merchant Shipping Act 1854

Merchant Shipping Act, 1894.
[57 & 58 VICT. OH. 60.]
ARRANGEMENT OF SECTIONS. A.D. 1894.
PART I.
REGISTRY.
Qualification or owning British Ships.

Section.
1. Qualification for owning British ship.
Obligation to register British Ships.

2. Obligation to register British ships.
3. Exemptions from registry.
Procedure for Registration.

4. Registrars of British ships.
5. Register book.
6. Survey and measurement of ship.
7. Marking of ship.
8. Application for registry.
9. Declaration of ownership on registry.
10. Evidence on first registry.
11. Entry of particulars in register book.
12. Documents to be retained by registrar.
13. Port of registry.
Certificate of Registry.
14. Certificate of registry.
15. Custody of certificate.
16. Penalty for use of improper certificate.
17. Power to grant new certificate.
18. Provision for loss of certificate,
19. Endorsement of change of master on certificate.
20. Endoc cement of change of ownership on certificate.
21. Delivery up of certificate of ship lost or ceasing to be British
owned.
[CI-I. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT.]
A.D. 1894. Section.

22. Provisional certificate for ships becoming British-owned
abroad.
23. Temporary passes in lieu of certificates of registry.
Transfers and Tra'nsmzissions.
24. Transfer of ships or shares.

25. Declaration of transfer.
26. Registry of transfer.
27. Transmission of property in ship on death, bankruptcy,
marriage, &c.
28. Order for sale on transmission to unqualified person.
29. Transfer of ship or sale by order of court.
30. Power of court to prohibit transfer.
?Mortgages.
31. Mortgage of ship or share.

32. Entry of discharge of mortgage.
33. Priority of mortgages.
34. Mortgagee not treated as owner.
35. Mortgagee to have power of sale.
H. Mortgage not affected by bankruptcy.
3 .. Transfer of mortgages.
38. Transmission of interest in mortgage by death, bankruptcy,
marriage, &c.
Certificates of Mortgage and Sale.
39. Powers of mortgage and sale may be conferred by certificate.

40. Requisites for certificates of mortgage and sale.
41. Restrictions on certificates of mortgage and sale.
42. Contents of certificates of mortgage and sale.
43. Rules as to certificates of mortgage.
44. Rules as to certificates of sale.
45. Power of Commissioners of Customs in case of loss of certifi-
cate of mortgage or sale.
46. Revocation of certificates of mortgage and sale.
Name of Ship.
47. Rules as to name of ship.
Registry of Alterations, Registry anew, and Transfer of Registry.

48. Registry of alterations.
49. Regulations for registry of alteration.
50. Provisional certificate and endorsement where ship is to be
registered anew.
51. Registry anew on change of ownership.
52. Procedure for registry anew.
2
[57 & 58 VrcT.] Merchant Shipping Act, 1894. [CH. 60.]
Section. A.D. 1894,
53. Transfer of registry.
54. Restrictions on re-registration of abandoned ships.
Incapacitated Persons.
55. Provision for cases of infancy or other incapacity.
Trusts and Equitable Rights.

56. Notice of trusts not received.
57. Equities not excluded by Act.
Liability of Beneficial Owner.

58. Liability of owners.
Managing Owner.
59. Ship's managing owner or manager to be registered.
Declarations, Inspection of Register, and Fees.

60. Power of registrar to dispense with declarations and other
evidence.
61. Mode of making declarations.
62. Application of fees.
Returns, Evidence, and Forms.

63. Returns to be made by registrars.
64. Evidence of register book, certificate of registry, and other
documents.
65. Forms of documents, and instructions as to registry.
Forgery and false Declarations.

66. Forgery of documents.
67. False declarations.
National Character and Flag.

68. National character of ship to be declared before clearance.
69. Penalty for unduly assuming British character.
70. Penalty for concealment of British or assumption of foreign
character.
71. Penalty for acquiring ownership if unqualified.
72. Liabilities of ships not recognised as British.
73. National colours for ships, and penalty on carrying improper
colours.
74. Penalty on ship not showing colours.
75. Saving for Admiralty.
Forfeiture of Ship.
76. Proceedings on forfeiture of ship.
A 2. 3
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT.]
A.D. 1894. Measurement of Ship and Tonnage.

Section.
77. Rules for ascertaining register tonnage.
78. Allowance for engine-room space in steamships.
79. Deductions for ascertaining tonnage.
80. Provisions as to deductions in case of certain steamships.
81. Measurement of ships with double bottoms for water ballast.
82. Tonnage once ascertained to be the tonnage of ship.
83. Fees for measurement.
84. Tonnage of ships of foreign countries adopting tonnage
regulations.
85. Space occupied by deck cargo to be liable to dues.
86. Surveyors and regulations for measurement of ships.
87. Levy of tonnage rates under Local Acts on the registered
tonnage.
Ports of Registry in Place under Foreign Jurisdiction Act.

88. Foreign ports of registry.
Registry in Colonies.
89. Powers of governclrs in colonies.

90. Terminable certificates of registry for small ships in colonies.
Application of Part I.
91. Application of Part I.
PART II.
MASTERS AND SEAMEN.
Certificates of Competency.
92. Certificates of competency to be held by officers of ships.

93. Grades of certificates of competency.
94. Examinations for certificates of competency.
95. Examinations by Board of Trade in certain cases. i,
96. Engineers certificates of competency.
97. Fees on examination.
98. Grant of certificates on passing examination.
99. Certificates of service for naval officers.
100. Form and record of certificate.
101. Loss of certificate.
102. Colonial certificates of competency.
103. Production of certificates of competency to superintendent.
104. Forgery, &c. of certificate of competency.
4
[57 & 58 VICT.] Merchant Shipping Act, 1894. [CH. 60.]
Apprenticeship to the Sea Service. A.D. 1894.

Section.
105. Assistance given by superintendents as to apprenticeship.
106. Apprenticeships of paupers in Great Britain and Ireland.
107. Attestation c,f pauper apprenticeship.
1.08. Special provisions as to apprentice-hip to the sea service.
109. Production of indentures to superintendent before voyage in
foreign-going ship.
Licences to supply Seamen.

110. Licence for supply of seamen.
111. Penalty for engaging seamen without licence.
112. Penalty for receiving remuneration from seamen for engage-
ment.
Engagement of Seamen.
113. Agreements with crew.
114. Form, period, and conditions of agreements with crew.
115. Special provisions as to agreements with crew of foreign-
going ships.'
116. Special provisions as to agreements with crew of home
trade ships.
117. Changes in crew of foreign-going ship to be reported.
118. Certificate as to agreements with crew of foreign-going ships.
119. Certificate as to agreements with crew of home trade ships.
1.20. Copy of agreement to be made accessible to crew.
121. Forgery, &c. of agreements with crew.
122. Alterations in agreements with crew.
123. Seamen not to be bound to produce agreement.
124. Engagement of seamen in colonial and foreign ports.
Agreements with Lascars.

125. Agreements with lascars. Saving for 4 Geo. 4. c. 80. ss. 25,
26, &c.
Rating of Seamen.
126. Rating of seamen.
Discharge of Seamen.
127. Discharge before superintendent.
128. Certificate of discharge and return of certificate to officer on
discharge.
129. Reports of seaman's character.
130. False or forged certificate of discharge or report of character.
Payment of Wages.
131. Payment of wages before superintendent.
132. Master to deliver account of wages.
5
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 Vior.]
Section.
A.D. 1894. 133. Deductions from wages of seamen.
134. Time of payment of wages for foreign-going ships.
135. Time of payment of wages for home trade ships.
136, Settlement of wages.
137. Decision of questions by superintendents.
138. Power of superintendent to require production of ship's
papers.
139. Rule as to payment of British seamen in foreign money.
Advance and Allotment of Wages.

140. Advance notes restricted.
141. Regulations as to allotment notes.
142. Allotments through savings banks.
143. Right of suing on allotment notes.
144. Time for payment of allotment note.
Seamen's Money Orders and Savings Banks.

145. Remittance of seamen's wages, &c. by seamen's money
orders.
146. Power to pay when order is lost.
147. Penalty for issuing money orders with fraudulent intent.
148. Power for Board of Trade to establish savings banks.
149. National Debt Commissioners to receive deposits, &c.
150. Application of deposits of deceased depositor.
151. Expenses of savings banks.
152. Accounts and copy of regulations to be laid before Parlia-
ment.
153. Public officers to be exempt from legal proceedings, except
in case of wilful default.
154. Forgery of documents, &c. for purpose of obtaining money
in seamen's savings bank.
Rights of Seamen in respect of Wages.

155. Right to wages, &c. when to begin.
156. Right to recover wages, and salvage not to be forfeited.
157. Wages n9t to depend on freight.
158. Wages on termination of service by wreck or illness.
159. Wages not to accrue during refusal to work or imprison-
ment.
160. Forfeiture of wages, &c. of seaman when illness caused by
his own default.
161. Costs of procuring punishment may be deducted from
wages.
162. Compensation to seamen improperly discharged.
163. Restriction on sale of, and charge upon, wages.
Mode of recovering Wages.

164. Summary proceedings for wages.
165. Restrictions on suits for wages.
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[57 & 58 VicT.] Merchant Shipping Act, 1894. [CH. 60.]
Section. A.D. 1894.
166. Wages not recoverable abroad in certain cases.
167. Remedies of master for wages, disbursements, &c.
Power of Courts to rescind Contracts.

168. Power of court to rescind contract between owner or
master and seaman or apprentice.
Property of deceased Seamen,

169. Property of seamen who die during voyage.
170. Dealing with and account of property of seamen who die
during voyage,
171. Penalty for non-compliance with provisions as to property of
deceased seamen.
172. Property of deceased seamen left abroad but not on board
ship.
173. Dealing with property of deceased seamen by officers
abroad.
174. Recovery of wages, &c. of seamen lost with their ship.
175. Property of seamen dying at home.
176. Payment over of property of deceased seamen by Board
of Trade.
177. Dealing with deceased seaman's property when he leaves
a will.
178. Claims by creditors.
179. Dealing with unclaimed property of deceased seaman.
180. Forgery of documents, &c. for purpose of obtaining property
of deceased seamen.
181. Property of seamen discharged from Royal Navy.
Reimbursement of Relief to Seamen's Families.

182. Relief to seamen's families to be chargeable on a certain
proportion of their wages.
183. Notice to owner, and enforcement of charge.
Destitute Seamen.
184. Penalty on masters of ships leaving certain seamen in distress
in the United Kingdom.
185. Relief of destitute lascars.
Leaving ,Seamen Abroad.

186. Discharge of seamen in foreign countries.
187. Penalty for forcing seamen on shore or leaving them
behind.
188. left abroad unless sanction or
Seamen not to be discharged or
certificate obtained.
189. Accounts and payment of wages in case of seamen left
abroad.
7
A.D. 1894. Distressed Seamen.

Section.
190. Regulations as to relief and maintenance of distressed
seamen.
191. Provisions for maintenance and relief of distressed seamen.
192. Masters of ships compelled to take distresse I seamen.
193. Recovery of expenses of relief of distressed se ;men.
194. Payment of expenses out of Mercantile Mar;ne Fund.
Volunteering into the Navy.

195. Seamen allowed to leave their ships in order to enter the
Navy.
196. Money and effects of seamen volunteering into Navy.
197. Wages of seamen received into Navy.
Provisions, Health, and Accommodation.

198. Complaints as to provisions or water.
199. Allowance for short or bad provisions.
200. Regulations respecting medicines, anti- scorbutics, &c.
201. Weights and measures on board.
202. Inspection of medicines, medical stores, and anti-scorbutics.
203. Medical inspection of seamen.
204. Appointment of medical inspectors.
205. Appointment of medical inspector, and regulations as to
supply of anti-scorbutics in colonies.
206. Inspection of provisions and water for crew of certain ships.
207. Expenses of medical attendance in case of illness.
208. Recovery of expenses from owner.
209. Certain ships to carry medical practitioners.
210. Accommodation for seamen.
Facilities for making Complaint.

211, Facilities for making complaint.
Protection of Seamen from Immpositioni.

212. Assignment or sale of salvage invalid.
213. No debt exceeding 5s. recoverable till end of voyage.
214. Seamen's lodging-houses.
215. Penalty for overcharges by lodging-house keepers.
216. Penalty for detaining seamen's effects.
217 Penalty for solicitations by lodging-house keepers.
218. Penalty for being on board ship without permission bef re
seamen leave.
219. Application of provisions of previous section to foreign ships.
Provisions as to Discipline.
220. Misconduct endangering life or ship.
221. Desertion and absence without leave.
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[57 & 5S VrcT.] Merchant Shipping Act, 1894. [CH. 60.]
Section. A.D. 1894.
222. Conveyance of deserter on board ship.
223. Provisions as to arrest and imprisonment applying out of the
United Kingdom.
224 Power of court to order offender to be taken on bo,rd ship.
225. General offences against discipline.
226. Summary remedies not to affect other remedies.
227. Penalty for false statement as to last ship or name.
228.- Entry of offences in official log.
229. Entries and certificates of desertion abroad.
230. Register of deserters.
231. Facilities for proving desertion in proceedings for forfeiture
of wages.
232. Application of forfeitures.
233. Decision of questions of forfeiture and deductions in suits
for wages.
234. Ascertainment of amount of forfeiture out of wages.
235. Deduction from wages, and payments to superintendents, &c.
of fines.
236. Penalty for enticing to desert and harbouring deserters.
237. Penalty on stowaways, and discipline of stowaways and
seamen carried under compulsion.
238. Deserters from foreign ships.
Official Logs.
239. Official logs to be kept and to be evidence.
240. Entries. required in official log-book.
241. Offences in respect of official logs..
242. Delivery of official logs to superintendent of mercantile
marine office.
243. Official logs to be sent home in case of transfer of ship, and
in case of loss.
Local Marine Boards.
244. Continuance and constitution of local marine board.

245. Control of Board of Trade over local marine boards.
Mercantile Marine Offices.
246. Establishment and control of mercantile marine offices.

247. Business of mercintile marine office.
248. Embezzlement by officers of local marine boards.
249. Power to dispense with transaction of certain matters at
mercantile marine offices.
250. Prohibition on taking fees at mercantile marine office.
Registration of and Returns respecting Seamen.
251. Establishment of register office.

252. Register of seamen.
9
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 ViCr]
A.D. 1894. Section.

253. Lists of the crew.
254. Return of births and deaths in British ships.
255. Return in case of transfer or loss of ship.
256. Transmission of documents to registrar by superintendents
and other officers.
257. Deposit of documents at foreign ports and in colonies.
258. Documents to be handed over to successor on change of
master.
Sites for Sailors Homes.

259. Corporations, &c. may grant sites for sailors homes.
Application of Part II.

260. Application of Part II. to ships registered in the United
Kingdom.
261. Application of Part II. to ships registered elsewhere than in
the United Kingdom.
262. Partial application of Part II. to ships of lighthouse autho-
rities and pleasure yachts.
263. Partial application of Part II. to fishing boats.
264. Application of Part II. to colony by colonial legislatures.
265. Conflict of laws.
266. Unregistered ship deemed to be registered in United
Kingdom for certain purposes.
PART III.
PASSENGER AND EMIGRANT SHIPS.
1. DEFINITIONS.
Definition of Passenger Steamer and Passenger.

267. Definition of " passenger " and " passenger steamer."
Definition of Emigrant Ship, &c.
268. Emigrant ship," &c. to which Part applies.

`'`
269. Scale for determining length of voyages.

270. Definition of colonial voyage.
2. PASSENGER STEAMERS.
Survey of Passenger Steamers.

271. Annual survey of passenger steamers.
272. Mode of survey and declaration of survey.
10
Section. A.D. 1894.
273. Transmission of declaration.
274. Issue of passenger steamer's certificate.
275. Appeal to court of survey.
276. Transmission of certificate.
277. Fees for certificate.
278. Duration of certificates.
279. Cancellation of certificate.
280. Delivery up of certificate.
281. Posting up of certificate.
282. Penalty for forgery of certificate or declaration.
283. Penalty for carrying passengers in excess.
284. Colonial certificates for passenger steamers.
General Equipment of Passenger Steamers.

285. Equipment of passenger steamers with compasses, hose,
deck shelters, and safety appliances.
286. Prohibition of increasing weight on safety valve.
Keeping Order in Passenger Steamers.

287. Offences in connexion with passenger steamers.
288. Power to exclude drunken passengers on home trade
passenger steamers.
3. EMIGRANT SHIPS.
Survey of Emigrant Ships.

289. Preliminary survey of emigrant ship.
Equipments.
290. Equipment with compasses, chronometers, fire engine,
anchors, &c.
Number of, and Accommodation for, Passengers.

291. Regulations as to carrying of passengers generally.
292. Limit of number of steerage passengers to be carried on
emigrant ships.
293. Regulations as to accommodation of steerage passengers.
294. Stowage of goods.
Provisions, Water, and Medical Stores.

295. Supply of provisions and water.
296. Mode of carrying water.
297. Provision for touching at intermediate ports to take in water.
298. Issue of water or provisions during voyage.
299. Power of Board of Trade to exempt ships.
300. Medical stores.
11
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 VicT.]
A.D. 1894. Dangerous Goods, awl Carriage of Cattle.

Section.
301. Regulations as to carriage of dangerous goo:ls, and of horses
and cattle.
302. Carriage of military stores.
Medical officer, staff, and Crew.

303. Medical practitioners.
304. Steerage passengers stewards, cooks, and interpreters.
305. Crew of emigrant ship.
Medical Inspection.
306. Medical inspection of steerage passengers and crew.
307. Re-landing of persons for medical yeas ms.
308. Return of passage money to persons re-landed for medical
reasons.
Master's Bond.
309. Bond to be given by master of emigrant ship.
310. Evidence of bond.
Passengers List.s.
311. Passengers lists.
312. Lists of passengers embarked after clearance.
313. Attempt to gain passage without payment.
Certificate for Clearance.

314. Certificate for clearance.
315. Facilities to be given for the inspection of ships.
316. Ships putting back to replenish provisions, &c.
317, Emigrant ships putting back to be reported to emigration
officer.
318. Appeal to Court of Survey.
319. Forfeiture of ship proceeding to sea without certificate for
clearance.
Passengers Contracts.
320. Contract tickets for passengers.

321. Summary remedy for breach of contract.
322. Penalty for failure to produce contract ticket.
323. Penalty for altering, or inducing anyone to part with, con--
tract ticket.
Regulations as to Steerage Passengers.
324. Sanitary and other regulations by Order in Council.

325. Discipline on board.
326. Sale of spirits prohibited on emigrant ships.
12
[57 & 58 VIC .] Merchant Shipping Act, 1894. [Cx. 60.]
Maintenance after Arrival. A.D. 1894.

Section.
327. Maintenance of steerage passengers after arrival.
Detention and Wrongful Landing of Passengers.

328. Return of passage money and compensation to passengers
when passage not provided according to contract.
329. Subsistence in case of detention.
330. Penalty for landing steerage passengers at wrong place.
Provisions in case of Wreck.

331. Provisions in case of an emigrant ship being wrecked or
damaged in or near British Islands.
332. Expenses of rescue and conveyance of wrecked passengers.
333. Forwarding of passengers by governors or consuls.
334. Recovery of expenses incurred in conveying wrecked passen-
gers and forwarding passengers.
335. Validity of insurance of passage money.
Voyages to the United Kingdom.

336 List of steerage passengers brought to the British Islands.
337. Number of steerage passengers on ships bringing passengers
to British Islands.
338. Provisions and water in ships carrying steerage passengers
to British Islands.
Registration of Births and Deaths.

339. Application to foreign ships carrying passengers of provisions
respecting registration of births and deaths.
Saving of Right of Action.

340. Saving for right of action on contract for passage.
Passage Brokers.
341. Passage broker.

342. Passage brokers to enter into bond and obtain licence.
343. Granting of licences to passage brokers.
341. Forfeiture of licence.
345. Passage brokers agents.
346. List of agents and runners to be exhibited by brokers, and
sent to emigration officers.
Emigrant Runners.
347. Emigrant runner.
348. Emigrant runner's licence.
349. Renewal of badge.
13
[CH. 60.] -1ferchunt Shippbig Act, 1894. [57 & 58 Vicr.]
A.D. 1894. Section.

:350. Penalties on persons acting without licence or badge, using
badge not lawfully issued, or employing unlicensed
person.
351.. Penalties on emigrant runners for certain acts of miscon-
duct.
352. Emigrant runners commission and fees.
Frauds in procuring Emigration.

353. Frauds in procuring passages.
354. Penalties for fraud in connexion with assisting emigration.
Emigration Oicers.
355. Emigration officers and assistants.
Legal Proceedings.
356. Recovery of fines.
357. Recovery of passage and subsistence money, compensation,
and damages. _
358. Protection of persons executing Act.
Supplemental.
359. Owner responsible for default in absence of agreement.
360. Forms and fees.
361. Posting of abstracts of Part III, in emigrant ships.
362. Byelaws by harbour authority.
363. Exemption from survey of foreign passenger steamer or
emigrant ship in certain cases.
Application of Part III. as regards Emigrant Ships.

364. Application to certain voyages.
365. Limited application of Part III. of Act to colonial voyages.
366. Modification of provisions of Part III. in their application to
British possessions.
367. Power of governors of colonies as to numbers of steerage
passengers.
368. Power for legislature of India to apply Part III.
PART IV.
FISHING BOATS.
Application of Part IV., &c.
369. Application of Part IV.

370. Definitions : " Fishing boat " ; " Second hand "; " Voyage."
371. Ascertainment of tonnage of fishing boat.
372. Extent of Part IV.
14
(L) PROVISIONS APPLYING TO ALL FISHING BOATS AND TO THE A.D. 1894..
WHOLE FISHING SERVICE. '-'-
Fishing Boats Register.
Section.
373. Registry of British fishing boat.
374. Effect of registry of fishing boat.
375. Rules as to boats and life-buoys of fishing boats.
Discipline.
376. Offences by seamen and apprentices.
377. Civil right unaffected by criminal provisions.
378. Application of forfeitures.
379. Deserters and others may be sent back to their boats.
380. Apprehension of seamen guilty of certain offences.
381. Dealing with seaman who refuses to proceed to sea, &c.
382. Notice by seaman that he intends to absent himself.
383. Calculation of wages.
384. Facilities for proving desertion so far as concerns forfeiture
of wages.
Provisions as to Deaths, Injuries, Ill-treatment, Punishments,

and Casualties in Fishing Boats.
385. Record and report of death, injury, ill-treatment, punish-
ment, casualties, &c.
386. - Inquiry as to death, injury, ill-treatment, punishment, &c.
Settlement of Disputes.
387. Decision of disputes by superintendent.
Provisions for ascertaining Profits of Fishing Boats.

388. Accounts to be rendered by owners.
Agreements for Fishing Vessels in Scotland.

389. Agreements for fishing vessels in Scotland.
Fees and Control of Superintendents.

390. Fees payable on engagements and discharges.
391. Control of Board of Trade.
(II.) PROVISIONS APPLYING TO ALL FISHING BOATS OF TWENTY-

FIVE TONS TONNAGE AND UPWARDS.
Apprenticeship and Agreements with Boys.

392, Restriction on apprenticeships and agreements in the case of
young boys.
15
[CH. 60.] Jllercltant S/eihpi,ng Act, 1894. [57 & 58 Vier.]
A.D. 1894. Section.

393. Boys to be properly apprenticed or have proper agreement....
394. Assistance by superintendents.
395. Apprenticeships and agreements with boys to be made before
superintendent.
396. Enforcement by superintendents of indentures or agreements.
397. Powers of superintendent under indenture or agreement.
398, Prohibition on taking money for apprenticeships and boys
agreements.
III.) PROVISIONS APPLYING TO TRAWLERS.
399. Agreements with crew.

400. Form, period, and condition of agreement.
401. Mode of entering into agreements.
402. Agreements by owner or for service in two or more fishing
boats.
403. Fishing boats running agreements.
404. Endorsement of engagements and discharge on running
agreements.
405. Report of crew.
406. Statement of change of crew in case of running agreements.
407. Alterations, &c. in agreements to be attested.
408. Offences as to agreements with the crew.
Payment of Wages and Discharge of Seamen.

*409. Account of wages.
410.- Certificate of discharge.
411. Compensation to seamen improperly discharged.
412. Provision as to discharge, &c. to apply in the case of any
sort of agreement.
Certificates of Skippers and Second Hands.
413. Skippers and second hands to hold certificate of competency.

414. Granting of certificate of competency.
415. Cei tificate of service.
416. Registers of certificated skippers and second hands.
Conveyance of Fish from Trawlers.

417. Board of Trade regulations as to conveyance of fish from
trawlers.
16
[57 & 58 VIcT.] -Merchant Shipping Act, 1894. [OH. 60.]
PART V. A.D. 1894.
SAFETY.
Prevention of Collisions.
Section.
418. Collision regulations.
419. Observance of collision regulations.
420. Inspection as to lights and fog signals.
421. Saving for local rules of navigation in harbours, &c.
422. Duty of vessel to assist the other in case of collision.
423. Collisions to be entered in official log.
424. Application of collision regulations to foreign ships.
Report of Accidents and Loss of Ship.

425. Report to Board of Trade of accidents to steamships.
426. Notice of loss of British ship to be given to the Board of,
Trade.
Life-saving Appliances.
427. Rules as to life-saving appliances.
428. Duties of owners and masters as to carrying life-saving
appliances.
429. Appointment of consultative committee for framing rules.
430. Penalty for breach of rules.
431. Survey of ship with respect to life-saving appliances.
General Equipment.
432. Adjustment of compasses and provision of hose.
433. Placing undue weight on safety valve.
Signals of Distress.
434. Signals of distress. -
435. Provision of signals of distress, inextinguishable lights, and
life-buoys.
Draught of Water and Load-Line.

436. Ship's draught of water to be recorded.
437. Marking of deck-lines.
438. Marking of load-line.
439. Ships with submerged load-lines deemed unsafe.
440. Time, &c. for marking of load-line in case of foreign-going
vessels.
441. Time,-&c. for marking of load-line in case of coasting vessels.
442. Penalty for offences in relation to marking of load-line.
443. Regulations as to load-line.
444. Provision as to colonial ships with respect to load-lines.
445. Provision as to foreign ships with respect to load-lines.
B 17
A.D. 1894. Dangerous Goods.

Section.
446. Restrictions on carriage of dangerous goods.
447. Penalty for misdescription of dangerous goods.
448. Power to deal with goods suspected of being dangerous.
449. Forfeiture of dangerous goods improperly sent or carried.
450. Saving for other enactments relating to dangerous goods.
Loading of Timber.
451. Loading of timber.
Carriage of Grain.
452. Obligation to take precautions to prevent grain cargo from
shifting.
453. Precautions against shifting of grain cargo laden in port
in Mediterranean or Black Sea, or on coast of North
America.
454. Notice by master of kind and quantity of grain cargo.
455. Power of Board of Trade for enforcing provisions as to
carriage of grain.
456. Definition of grain, &c.
Unseaworthy Ships.
457. Sending unseaworthy ship to sea a misdemeanor.
458. Obligation of shipowner to crew with respect to use of
reasonable efforts to secure seaworthiness.
459. Power to detain unsafe ships, and procedure for detention.
460. Liability for costs and damages.
461. Power to require from complainant security for costs.
462. Application to foreign ships of provisions as to detention.
463. Survey of ships alleged by seamen to be unseaworthy.
PART VI.
SPECIAL SHIPPING INQUIRIES AND COURTS.
Inquiries and Investigations as to Shipping Casualties.
464. Shipping casualties.

465. Preliminary inquiry into shipping casualties.
466. Formal investigation of shipping casualties.
467. List of assessors.
468. Inquiry in case of loss of life from fishing vessel's boat.
Power as to Certificates of Officers, &c.

469. Power of Board of Trade as to certificate.
470. Power of court of investigation or inquiry as to certificates.
18
[57 & 58 Vim] Merchant Shipping Act, 1894. [Cs. 60.]
Section. A.D. 1894.
471. Inquiry into conduct of certificated officer.
472. Removal of master by Admiralty Court.
473. Delivery of certificate cancelled or suspended.
474. Power of Board of Trade to restore certificate.
Re-hearing of Investigations and Inquiries.

475. Re-hearing of inquiries and investigations.
Supplemental Provisions as to Investigations and Inquiries.

476. Investigations before stipendiary magistrate.
477. Power to appoint wreck commissioners.
478. Authority for colonial court to make inquiries into shipping
casualties and conduct of officers.
479. Rules as to investigations and inquiries.
Naval Courts on the High Seas and Abroad.

480. Cases in which naval courts may be summoned.
481. Constitution of naval courts.
482. Functions of naval courts.
483. Powers of naval courts.
484. Report of proceedings of naval courts.
485. Penalty for preventing complaint or obstructing investigation.
486. Application of provisions as to naval courts.
Courts of Survey.
487. Constitution of court of survey.
488. Power and procedure of court of survey.
489. Rules for procedure of court of survey, &c.
Scientific Referees.
490. Reference in difficult cases to scientific persons.
Payments to Officers of Courts.

491. Payments to'ofiicers of courts.
PART VII.
DELIVERY OF GOODS.
Delivery of Goods and Lien for Freight.

492. Definitions under Part VII.
493. Power of shipowner to enter and land goods on default by
owner of goods.
494. Lien for freight on landing goods.
B 2 19
A.D. 1894. Section.

--- 495. Discharge of lien.
496. Provisions as to deposits by owners of goods.
497. Sale of goods by warehouseman.
498. Application of proceeds of sale.
499. Warehouseman's rent and expenses.
500. Warehousemen's protection.
501. Saving for powers under local Acts.
PART VIII.
LIABILITY OF SHIPOWNERS.
502. Limitation of shipowner's liability in certain cases of loss of,

or damage to, goods.
503. Limitation of owner's liability in certain cases of loss of life,
injury, or damage.
504. Power of courts to consolidate claims against owners, &c.
505. Part owners to account in respect of damages.
506. Insurances of certain risks not invalid.
507. Proof of passengers on board ship.
508. Liability in certain cases not affected.
509. Extent of Part VIII.
PART IX.
WRECK AND SALVAGE.
Vessels in Distress.
510. Definition of " wreck " and " salvage."
511. Duty of receiver where vessel in distress.
512. Powers of the receiver in case of vessels in distress.
513. Power to pass over adjoining lands.
514. Power of receiver to suppress plunder and disorder by force.
515. Liability for damage in case of a vessel plundered.
516. Exercise of powers of receiver in his absence.
517. Examination in respect of ships in distress.
Dealing with Wreck.

518. Provision as to wreck found in the United Kingdom.
519. Penalty for taking wreck at time of casualty.
520. Notice of wreck to be given by receiver.
521. Claim of owners to wreck.
522. Immediate sale of wreck by receiver in certain cases.
Unclaimed Wreck.
523. Right of Crown to unclaimed wreck.
524. Notice of unclaimed wreck to be given to persons entitled.
20
Section. A.D. 1894.
525. Disposal of unclaimed wreck.
526. Disputed title to unclaimed wreck.
527. Delivery of unclaimed wreck by receivers not to prejudice
title.
528. Power to Board of Trade to purchase rights to wreck.
529. Admiral not to interfere with wreck.
Removal of Wrecks.
530. Removal of wreck by harbour or conservancy authority.
531. Power of lighthouse authority to remove wreck.
532. Powers of removal to extend to tickle, cargo, &c.
533. Power for Board of Trade to determine certain questions
between authorities.
534. Powers to be cumulative.
Offences in respect of Wreck.

535. Taking wreck to foreign port.
536. Interfering with wrecked vessel or wreck.
537. Summary procedure for concealment of wreck.
Marine Store Dealers.

538. Marine store dealer to have his name and trade painted on
his shop.
539. Marine store dealer to keep proper books.
540. Marine store dealer not to purchase from person under
sixteen.
511. Marine store dealer not to cut up cable, &c.
542. Permit to be advertised before dealer proceeds to act
thereon.
Marking of Anchors.
543. Marking of anchors.
Salvage.
1;44. Salvage payable for saving life.
545. Salvage of life from foreign vessels.
546. Salvage of cargo or wreck.
Procedure in Salvage.
547. Determination of salvage disputes.

548. Determination of disputes as to salvage summarily.
549. Appeal in case of salvage disputes.
550. As to arbitrators in Ireland.
551. Valuation of property by receiver.
552. Detention of property liable for salvage by a receiver.
553. Sale of detained property by receiver.
5.a4. Agreement as to salvage.
21
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT]
-
A.D. 1894. Section.
555.
556.
Apportionment of salvage under 2001. by receiver.
Apportionment of salvage by Admiralty courts.
Salvage by Her Majesty's Ships.

557. Salvage by Her Majesty's ships.
558. Salvage by Her Majesty's ships abroad.
559. Provisions as to bond to be executed.
560. Execution of bond.
561. Enforcement of bond.
562. Saving for other salvage rights.
563. Exemption from stamp duty.
564. Punishment for forgery and false representations.
Jurisdiction of High Court in Salvage

565. Jurisdiction of High Court in salvage.
Appointment of Receivers of Wreck.

566. Appointment of receivers of wreck.
Fees of Receivers of Wreck.

567. Receivers fees.
568. Remuneration for services by coastguard.
Duties on Wreck.
569. Provisions as to duties, &c. on wrecked goods.
Supplemental.
570. Powers of sheriff in Scotland.
571. Saving for Cinque ports.
PART X.
PILOTAGE.
Preliminary.
572. Application of Part X.
573. Pilotage authority.
574. Continuance of existing pilotage authorities.
Powers of Board of Trade as to Pilotage Districts and

Authorities.
575. Constitution of new pilotage authorities.
576. Transfer of pilotage jurisdiction.
22
[57 & 58 VICT.] Merchant Shipping Act, 1894. [Cu. 60.]
Section. A.D. 1894.
577. Direct representation of pilots, &c. on pilotage authority.
578. Exemption from compulsory pilotage.
579. Power of Board of Trade to give facilities with respect to
licences, rates, &c.
580. Making and confirming provisional orders.
Byelaws by Pilotage Authorities.
581. Power of pilotage authorities as to exemptions from com-

pulsory pilotage.
582. Power of pilotage authorities to make byelaws.
583. Confirmation of byelaws.
584. Appeal against byelaws or regulations not made under this
Act.
Returns by Pilotage Authorities.

585. Returns by pilotage authorities to Board of Trade.
Licensing of Pilots.
586. Registration of pilot licences.
587. Copies of pilotage provisions to be furnished to pilot.
588. Licensed pilot to produce licence to employer.
589. Production and return of licence to pilotage authority.
590. Penalty on fraudulent use of licence.
Recovery of Pilotage and other Rights of Pilots.

591. Recovery of pilotage dues.
592. Receiving or offering improper rates of pilotage.
593. Pilotage rate for leading ships.
594. Allowance to licensed pilot taken out of his district.
595. Penalty on making a false declaration to pilot as to draught
of ship. e
596. Occasions on which unqualified pilots may act.
597. Power of qualified to supersede unqualified pilot.
598. Penalties as to employment of unqualified pilot.
Pilotage Certificates for Masters and Mates.

599. Grant of pilotage certificates to masters and mates.
600. Appeal by master or mate to Board of Trade.
601. Withdrawal of certificate.
602. Fees for pilotage certificates.
Compulsory Pilotage.
603. Compulsory pilotage.

604. Home trade passenger ships to carry pilots.
23
[Cx. 60.] Merchant Sltihpring Act, 1894. [57 & 58 VICT.]
A.D. 1894. Offences, and Suspension and Dismissal, of Pilots.

Section.
606. Offences of pilots.
607. Penalty on pilot endangering ship, life, or limb.
608. Penalty on pilot obtaining charge of a ship by misrepre-
sentation.
609. Powers of pilotage committee to suspend or dismiss pilot.
610. Appeals from suspension or dismissal.
Pilot Boats and Pilot Signals.

611. Approval of pilot boats.
612. Characteristics of pilot boats.
613. Display of pilot flag, when pilot is on board vessel.
614. Penalty on ordinary boat displaying pilot flag.
615. Signals to be displayed by ships requiring a pilot.
Trinity House.
616. Power of Trinity House to alter regulations.
Sub-Commissioners (Trinity House).

617. Power of Trinity House to appoint sub-commissioners.
Licensing of Pilots by Trinity House.

618. Licensing of pilots by Trinity House within certain limits.
619. Regulations as to pilots licences.
620. Pilot's liability limited.
621. Power to revoke and suspend licences.
Compulsory Pilotage (Trinity House).

622. Compulsory pilotage districts of Trinity House.
623. Constant supply of pilots at Dungeness.
624. Ships from London coming past Dungeness to take the first
pilot.
Rates of Pilotage (Trinity House).

626. Rates of pilotage.
627. Pilotage dues for foreign ships for port of London.
628. Receipt and application of pilotage dues payable by foreign
ships.
629. Settlement of difference as to draught of ship.
Pilot Fund (Trinity House).

630. Payments to be made to the pilot fund.
631. Application of fund.
632. Appointment of sub-commissioners by Trinity Houses of
Hull and Newcastle.
24
Saving for Liability of Owners and Masters. A.D. 1894.

Sectiou.
633. Limitation of liability of owner or masters where pilotage is
compulsory.
PART XI.
LIGHTHOUSES.
General Management.
634. Management of lighthouses, buoys, and beacons.
685. Returns and information to Board of Trade.
636. Power of Board of Trade to inspect on complaint made.
637. Inspection by Trinity House.
Construction of Lighthouses, &c.

638. General powers of lighthouse authorities.
639. Powers as to land.
640. Restrictions on exercise of lighthouse powers by Com-
missioners.
641. Power of Trinity House to direct lighthouse works to be
done.
642. Additions to lighthouses.
Light Dues.
643. Continuance of light dues.
644. Dues for new lighthouses.
645. Revision of light dues by Order in Council.
646. Regulation of light dues by lighthouse authorities.
647. Publication, of light dues and regulations.
648. Application and collection of light dues.
649. Recovery of light dues.
650. Distress on ship for light dues.
651. Receipt for light dues.
Local Lighthouses.
652. Inspection of local lighthouses.
653. Control of local lighthouse authorities by general lighthouse
authorities.
654. Surrender of local lighthouses.
655. Ught dues for local lights.
656. Application of local light dues.
657. Reduction of local light dues.
Expenses of General Lighthouse Authorities.
658. Payment of lighthouse expenses out of Mercantile Marine

Fund.
25
A.D. 1894. Section

659. Establishments of general lighthouse authorities.
660. Estimates or accounts of expenses sent to Board of Trade.
661. Advances by Treasury for lighthouse expenses.
662. Mortgage of Mercantile Marine Fund for lighthouse ex-
penditure.
663. Advances by Public Works Loan Commissioners.
664. Accounts of general lighthouse authorities.
665. Power to grant pensions.
Offences in connexion with Lighthouses, &c.

666. Injury to lighthouses, &c.
667. Prevention of false lights.
Commissioners of Northern Lighthouses.

668. Incorporation of Commissioners of Northern Lights.
Provision as to Channel Islands.

669. Restriction on exercise of powers in Channel Islands.
Lighthouses; &c. in Colonies.

670. Dues for colonial lighthouses, &c.
671. Collection and recovery of colonial light dues.
672. Payment of colonial light dues to Paymaster-General.
673. Application of colonial light dues.
674. Advances for construction and repair of colonial lighthouses,
&c.
675. Accounts of colonial light dues.
PART XII.
MERCANTILE MARINE FUND.
676, Sums payable to the Mercantile Marine Fund.

677. Application of Mercantile Marine Fund.
678. Subsidy from Parliament to Mercantile Marine Fund.
679. Accounts and audit.
PART XIII.
LEGAL PROCEEDINGS.
Prosecution of Offences.
680. Prosecution of offences.
681. Application of Summary Jurisdiction Acts in certain cases.
682. Appeal on summary conviction.
683. Limitation of time for summary proceedings.
26
Jurisdiction. A.D. 1894.

Section.
684. Provision as to jurisdiction in case of offences.
685. Jurisdiction over ships lying off the coasts.
686. Jurisdiction in case of offences on board ship.
687. Offences committed by British seamen at foreign ports to be
within Admiralty jurisdiction.
Damage occasioned by Foreign Ship.

688. Power to arrest foreign ship that has occasioned damage.
Provisions in case of Offences Abroad.

689. Conveyance of offenders and witnesses to United Kingdom
or British possession.
690. Inquiry into cause of death on board ship.
691. Depositions to be received in evidence when witness cannot
be produced.
Detention of Ship and Distress on Ship.

692. Enforcing detention of ship.
693. Sums ordered to be paid leviable by distress on ship.
Evidence, Service of Documents, and Declarations.

694. Proof of attestation not required.
695. Admissibility of documents in evidence.
696. Service of documents.
697. Proof, &c. of exemption.
698. Declarations.
Application of Penalties and Costs of Prosecutions.

699. Application of penalties.
700. Expenses of prosecution of misdemeanor.
701. Payment of costs of prosecution of offences committed in
Admiralty jurisdiction.
Procedure in Scotland.
702. Offences punishable as misdemeanors.

703. Summary proceedings.
704. Form of complaint.
705. Warrants on summary proceedings.
706. Backing arrestments.
707. Form of decree for payment of money.
708. Sentence and penalties in default of defender's appearance.
709. Orders not to be quashed for want of form and to be
final.
710. General rules, so far as applicable, to extend to penalties and
proceedings in Scotland.
27
[Cx. 60.] Merchant Shipping Act, 1894. [57 & 58 VtcT]
A.D. 1S94. Prosecution of O ffenees in Colonies.

Section.
711. Prosecution of offences in British possession.
Application of Part XIII.

712. Application of Part XIII.
PART XIV.
SUPPLEMENTAL.
General Control of Board of Trade.
713. Superintendence of merchant shipping by Board of Trade.

714. Returns as to merchant shipping to Board of Trade.
715. Production of log-books, &c. by superintendents.
71 6. Application of fees, fines, &c.
717. Legal proceedings.
Expenses of Commissioners of Customs.

718. Expenses incurred by Commissioners of Customs.
Documents and Forms.
719. Proof of documents.

720. Power of Board of Trade to prescribe forms.
721. Exemption from stamp duty.
722. Offences as to use of forms.
Powers for enforcing Compliance with Act.

723. Powers for seeing that Act is complied with.
Surveyors of Ships.
724. Appointment of surveyors.

725. Power of surveyor for purpose of survey of ships.
726. Returns by surveyors to Board of Trade.
727. Appointment of surveyors in colonies.
Board of Trade Inspectors.
728. Appointment of inspectors to report on accidents, &c.

729. Powers of inspectors.
730. Penalty for obstructing inspectors in the execution of their
duty.
28
[57 & 58 VrcT.] Merchant Shipping Act, 1894. [CH. 60.]
Exemption from Rates and Harbour Dues. A.D. 1894.

Section.
731. Exemption from rates.
732. Exemption from harbour dues.
Private Signals.
733. Registration of private code of signals.
Application of Act to Foreign Ships by Order in Council.

734. Application by Order in Council of provisions of Merchant
Shipping Acts to foreign ships.
Powers of Colonial Legislature.

735. Power of colonial legislatures to alter provisions of Act.
736. Regulation of coasting trade by colonial legislature.
Provision for Foreign Places where Her Majesty has

Jurisdiction.
737. Provision for foreign places where her Majesty has juris-
diction.
Orders in Council.
738. Provision as to Orders in Council.
Transmission and Publication of Documents.
739. Notices, &c. to be in writing and provision as to sending by

post.
740. Publication in London Gazette.
Exemption of Her Majesty's Ships.
741. Exemption of Her Majesty's ships.
Definitions and Provisions as to Application of Act.
742. Definitions.
743. Application of Act to ships propelled by electricity, &c.
744. Application of Act to certain fishing vessels.
29
[CM. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT]
Repeal and Savings.

A.D. 1894.
Section.
745. Repeal.
746. Savings.
Short Title and Commencement.

747. Short title.
748. Commencement.
SCHEDULES.
30
[57 & 58 VICT.] Merchant Shipping Act 1894. [Cg. 60.]
CHAPTER 60.
An Act to, consolidate Enactments relating to Merchant A.D. 1894.
Shipping. [25th August 1894.] `-'
it enacted by the Queen's most Excellent Majesty, by and
BEwith the advice and consent of the Lords Spiritual and
Temporal, and Commons, in Parliament assembled,
this present
and by the authority of the same, as follows :
PART I.
REGISTRY.
Qualification for owning British Ships.
1. A ship shall not be deemed to be a British ship unless owned Qualification
wholly by persons of the following description (in this Act referred Brig st,p.
to as persons qualified to be owners of British ships) ; namely,-
h
(a.) Natural-born British subjects :
(b.) Persons naturalized by or in pursuance of an Act of Parlia-
ment of the United Kingdom, or by or in pursuance of an Act
or ordinance of the proper legislative authority in a British
possession :
(c.) Persons made denizens by letters of denization ; and
(d.) Bodies corporate established under and subject to the laws
of some part of Her Majesty's dominions, and having their
principal place of business in those dominions :
Provided that any person who either-
(i) being a natural-born British subject has taken the oath of
allegiance to a foreign sovereign or state or has otherwise
become a citizen or subject of a foreign state ; or
(ii) has been naturalized or made a denizen as aforesaid ;
shall not be qualified to be owner of a British ship unless, after
taking the said oath, or becoming a citizen or subject of a foreign
state, or on or after being naturalized or made denizen as aforesaid,
he has taken the oath of allegiance to Her Majesty the Queen,
and is during the time he is owner of the ship either resident in
Her Majesty's dominions, or partner in a firm actually carrying
on business in Her Majesty's dominions.
Obligation to register British Ships.
2.--(1.) Every British ship shall, unless exempted from registry, Obligation to
register
be registered under this Act. British ships.
(2.) If a ship required by this A.ct to be registered is not
registered under this Act she shall not be recognised as a British ship.
31
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 VrcT.]
A.D. 1894. (3.) A ship required by this Act to be registered may be detained
until the master of the ship, if so required, produces the certificate
of the registry of the ship.
Exemptions 3. The following ships are exempted from registry under this
from registry. Act
(1.) Ships not exceeding fifteen tons burden employed solely in
navigation on the rivers or coasts of the United Kingdom, or
on the rivers or coasts of some British possession within which
the managing owners of the ships are resident :
(2.) Ships not exceeding thirty tons burden and not having a
whole or fixed deck, and employed solely in fishing or trading
coastwise on the shores of Newfoundland or parts adjacent
thereto, or in the Gulf of Saint Lawrence. or on such portions
of the coasts of Canada as lie bordering on that gulf.
Procedure for Registration.
Registrars of 4.-(1.) The following persons shall be registrars of British
British ships. ships :-
(a.) At any port in the United Kingdom, or Isle of Man,
approved by the Commissioners of Customs for the registry of
ships, the chief officer of customs :
(b.) In Guernsey and Jersey, the chief officers of customs
together with the governor :
(c.) In Malta and Gibraltar, the governor :
(d.) At Calcutta, Madras, and Bombay, the port officer :
(e.) At any other port in any British possession approved by
the governor of the possession for the registry of ships, the
chief officer of customs, or, if there is no such officer there
resident, the governor of the possession in which the port
is situate, or any officer appointed for the purpose by the
governor:
(f) At a port of registry established by Order in Council under
this Act, persons of the descripton in that behalf declared by
the Order :
(2.) Notwithstanding anything in this section Her Majesty

may by Order in Council declare, with respect to any British
possession named in the Order, not being the Channel Islands or
the Isle of Man, the description of persons who are to be registrars
of British ships in that possession.
(3.) A registrar shall not be liable to damages or otherwise for
any loss accruing to any person by reason of any act (lone or
default made by him in his character of registrar, unless the, same
has happened through his neglect or wilful act.
B egister book. 5. Every registrar of British ships shall keep a book to be called
the register book, and entries in that book shall be made in accord-
ance with the following provisions :-
(i) The property in a ship shall be divided into sixty-four
shares :
(ii.) Subject to the provisions of this Act with respect to joint
owners or owners by transmission, not more than sixty-four
individuals shall be entitled to be registered at the same tune
as owners of any one ship ; but this rule shall not affect the
32
represented by or claiming under or through any registered

owner or joint owner :
(iii.) A person shall not be entitled to be registered as owner of
-
beneficial title of any number of persons or of any company A.D. 1894k
a fractional part of a share in a ship ; but any number of

persons not exceeding five may be registered as joint owners
of a ship or of any share or shares therein :
(iv.) Joint owners shall be considered as constituting one person
only as regards the persons entitled to be registered, and shall
not be entitled to dispose in severalty of any interest in a
ship, or in any share therein in respect of which they are
registered :
(v.) A corporation may be registered as owner by its corporate
name.
6. Every British ship shall before registry be surveyed by a Survey and
surveyor of ships and her tonnage ascertained in accordance with measurement
o.
the tonnage regulations of this Act, and the surveyor shall grant ship.
his certificate specifying the ship's tonnage and build, and such
other particulars descriptive of the identity of the ship as may for
the time being be required by the Board of Trade, and such
certificate shall be delivered to the registrar before registry.
7.-(1.) Every British ship shall before registry be marked Marking of
permanently and conspicuously to the satisfaction of the Board hip.
of Trade as follows :-
(a.) Her name shall be marked on each of her bows, and her
name and the i,ame of her pot t of registry must be marked on
her stern, on a dark ground in white or yellow letters, or on
a light ground in black letters, such letters to be of a length
not less than four inches, and of proportionate breadth ;
(b.) Her official number and the number denoting her registered
tonnage shall be cut in on her main beam ;
(c.) A scale of feet denoting her draught of water shall be
marked on each side of her stem and of her stern post in
Roman capital letters or in figures, not less than six inches in
length, the lower line of such letters or figures to coincide with
the draught line denoted thereby, and those letters or figures
must be marked by being cut in and painted white or yellow
on a dark ground, or in such other way as the Board of Trade
approve ;
(2.) The Board of Trade may exempt any class of ships from all
or any of the requirements of this section, and a fishing boat
entered in the fishing boat register, and lettered and numbered in
pursuance of the Fourth Part of this Act, need not have her name
and port of registry marked under this section.
(3.) If the scale of feet showing the ship's draught of water is in
any respect inaccurate, so as to be likely to mislead, the owner of
the ship shall be liable to a fine not exceeding one hundred pounds.
(4.) The marks required by this section shall -be permanently
continued, and no alteration shall be made therein, except in the
event of any of the particulars thereby denoted being altered in
the manner provided by this Act;
C 33
[CR. 60.] Merchant Shipping Act, 1894. [57 & 58 Vim]
A.D. 1894. (5.) If an owner or master of a British ship neglects to cause his
ship to be marked as required by this section, or to keep her so
marked, or if any person conceals, removes, alters, defaces, or
obliterates, or suffers any person under his control to conceal,
remove, alter, deface, or obliterate any of the said marks, except in
the event aforesaid, or except for the purpose of escaping capture
by an enemy, that owner, master, or person shall for each offence
be liable to a fine not exceeding one hundred pounds, and on a
certificate from a surveyor of ships, or Board of Trade inspector
under this Act, that a ship is insufficiently or inaccurately marked
the ship may be detained until the insufficiency or inaccuracy has
been remedied.
Application for 8. An application for registry of a ship shall be inade in the
registry.
case of individuals by the person requiring to be registered as
owner, or by some one or more of the persons so requiring if inore
than one, or by his or their agent, and in the case of corporations
by their agent, and the authority of the agent shall be testified
by writing, if appointed by individuals, under the hands of tlt
appointors, and, if appointed by it corporation, under the common
seal of that corporation.
Declaration of
rregistry. p on
9. A person shall not be entitled to be registered as owner of
a ship or of a share therein until lie, or in the case of a corporation
the person authorised by this Act to make declarations on behalf
of the corporation, has made and signed a declaration of ownership,
referring to the ship as described in the certificate of the surveyor,
and containing the following particulars :-
(i.) A statement of his qualification to own a British ship, or
in the case of a corporation, of such circumstances of the con-
stitution and business thereof as prove it to be qualified to own
a British ship :
(ii.) A statement of the time when and the place where the ship
was built, or, if the ship is foreign built, and the time and
place of building unknown, a statement that she is foreign
built, and that the declarant does not know the time or place
of her building ; and, in addition thereto, in the case of a
foreign ship, a statement of her foreign name, or, in the case
of a ship condemned, a statement of the time place and court
at and by which she was condemned :
(iii.) A statement of the name of the master :
(iv.) A statement of the number of shares in the ship of which
he or the corporation, as the case may be, is entitled to be
registered as owner. :
(v.) A declaration that, to the best of his knowledge and belief,
no unqualified person or body of persons is entitled as owner
to any legal or beneficial interest in the ship or any share
therein.
Evidence on 10.-(1.) On the first registry of a ship the following evidence
first registry. shall be produced in addition to the declaration of ownership :-
(a.) In the case of a British-built ship, a builder's certificate,
that is to say, a certificate signed by the builder of the ship,
and containing a true account of the proper denomination and
84
[57 & 58 VICT.] Merchant Shipping Act, 1894. [OH. 60.]
of the tonnage of the ship, as estimated by him, and of the A.D. 1894.
time when and the place where she was built, and of the name
of the person (if any) on whose account the ship was built, and
if there has been any sale, the bill of sale under which the
ship, or a share therein, has become vested in the applicant
for registry :
(b.) In the case of a foreign-built ship, the same evidence as in
the case of a British-built ship, unless the declarant who
makes the declaration of ownership declares that the time
and place of her building are unknown to him, or that the
builder's certificate cannot be procured, in which case there
shall be required only the bill of sale under which the ship, or
a share therein, became vested in the applicant for registry :
(c.) In the case of a ship condemned by any competent court, an
official copy of the condemnation.
(2.) The builder shall grant the certificate required by this
section, and such person as the Commissioners of Customs recognise
as carrying on the business of the builder of a ship, shall be
included, for the purposes of this section, in the expression
builder of the ship."
(3.) If the person granting a builder's certificate under this
section wilfully makes a false statement in that certificate he
shall for each offence be liable to a fine not exceeding one hundred
pounds.
11. As soon as the requirements of this Act preliminary to Entry of parti-
register book the following particulars respecting the ship

(a.) The name of the ship and the name of the port to which she
:
registry have been complied with the registrar shall enter in the culars in
register book..
belongs :
(b.) The details comprised in the surveyor's certificate :
(c.) The particulars respecting her origin stated in the declaration
of ownership : and
(d.) The name and description of her registered owner or owners,
and if there are more owners than one, the proportions in
which they are interested in her.
12. On the registry of a ship the registrar shall retain in his Documents to,
possession the following documents ; namely, the surveyor's certi- be retained by
registrar.
ficate, the builder's certificate, any bill of sale of the ship previously
made, the copy of the condemnation (if any), and all declarations
of ownership.
13. The port at which a British ship is registered for the time port of
being shall be deemed her port of registry and the port to which registry.
she belongs.
Certificate of Registry,
14. On completion of the registry of a ship, the registrar shall registry.

Certificate of
grant a certificate of registry comprising the particulars respecting
her entered in the register book, with the name of her master.
The certificate of registry shall be used only for the Curt odtef
lawful navigation of the ship, and shall not be subject to detention
C 2
[Cx. 60.] Merchant Shipping Act, 1894 [57 & 58 Vic'r.]
A.D. 1894. by reason of any title, lien, charge, or interest whatever had or
claimed by any owner, mortgagee, or other person to, on, or in the
ship.
(2.) If any person, whether interested in the ship or not, refuses
on request to deliver up the certificate of registry when in his
possession or under his control to the person entitled to the custody
thereof for the purposes of the lawful navigation of the ship, or
to any registrar, officer of customs, or other person entitled by law
to require such delivery, any justice by warrant under his hand
and seal, or a'iy court capable of taking cognizance of the matter,
may summon the person so refusing to appeir before such justice
or court, and to be examined touching such refusal, and unless it is
proved to the satisfaction of such justice or court that there was
reasonable cause for such refusal, the offender shall be liable to a
fine not exceeding one hundred pounds, but if it is shown to such
justice or court that the certificate is lost, the person summoned
shall be discharged, and the justice or court shall certify that the
certificate of registry is lost.
(3.) If the person so refusing is proved to hay e absconded so that
the warrant of a justice or process of a court cann,,t be served on
him, or if he persists in not delivering up the certificate, the justice
or court shall certify the fact, and the same proceedings may then
be taken as in the case of a certificate mislaid, lost, or destroyed, or
as near thereto as circumstances permit.
Penalty for 16. If the master or owner of a ship uses or attempts to use for
use of improper her navigation a certificate of registry not legally granted in respect
certificate.
of the ship, he shall, in respect of each offence, be guilty of a mis-
demeanor, and the ship shall be subject to forfeiture under this
Act.
Power to grant 17. The registrar of the port of registry of a ship may, with the
new certificate, approval of the Commissioners of Customs, and on the delivery
up to him of the certificate of registry of a ship, grant a new
certificate in lieu thereof.
Provision for 18.-(1.) In ttbe event of the certificate of registry of a ship
loss of cer-
tificate. being mislaid, lost, or destroyed, the registrar of her port of
registry shall grant a new certificate of registry in lieu of her
original certificate.
(2.) If the port (having a British registrar or consular officer) at
which the ship is at the time of the event, or first arrives after the
event-
(a) is not in the United Kingdom, where the ship is registered
in the United Kingdom or,;
(b) is not in the British possession in which the ship is

registered ; or,
(c) where the ship is registered at a port of registry established
by Order in Council under this Act, is not that port ;
then the master of the ship, or some other person having know-
ledge of the facts of the case, shall make a declaration stating the
facts of the case, and the navies and descriptions of the registered
owners of such ship to the best of the declarant's knowledge and
belief, and the registrar or consular officer, as the case may be,
36
[57 & 58 Vim] Merchant Shipping Act, 1894. [CH. 60.]
shall thereupon grant a provisional certificate, containing a A.D. 1894.
statement of the circumstances under which it is granted.
(3.) The provisional certificate shall within ten days after the
first subsequent arrival of the ship at her port of discharge in the
United Kingdom, where she is registered in the United Kingdom,
or in the British posses-ion in which she is registered, or where
she is registered at a port of registry established by Order in
Council under this Act at that port, be delivered up to the registrar
of her port of registry, and the registrar shall thereupon grant the
new certificate of registry ; and if the master without reasonable
cause fails to deliver up the provisional certificate within the
ten days aforesaid, he shall be liable to a fine not exceeding fifty
pounds.
19. Where the mater of a registered British ship is changed, Endorsement
each of the following persons ; (that is to say,) of change of
master on
(a) if the change is made in consequence of the sentence of a certificate.
naval court, the presiding officer of that court ; and
(b) if the change is made in consequence of the removal of the
master by a court under Part VI. of this Act, the proper
officer of that court ; and
(c) if the change occurs from any other cause, the registrar, or if
there is none the British consular officer, at the port where
the change occurs,
shall endorse and sign on the certificate of registry a memorandum
of the change, and shall forthwith report the change to the
Registrar-General of Shipping and Seamen ; and any officer of
customs at any port in Her Majesty's dominions may refuse to
admit any person to do any act there as master of a British ship
unless his name is inserted in or endorsed on her certificate of
registry as her last appointed master..
20.-(1.) Whenever a change occurs in the registered ownership Endorsementchange of
of a ship, the change of ownership shall be endorsed on her of ownership on
certificate of registry either by the registrar of the ship's port of certificate.
registry, or by the registrar of any port at which the ship arrives
who has been advised of the change by the registrar of the ship's
port of registry.
(2.) The master shall, for the purpose of such endorsement by
the registrar of the ship's port of registry, deliver the certificate of
registry to the registrar, forthwith after the change if the change
occurs when the ship is at her port of registry, and if it occurs
during her absence from that port and the endorsement under this
section is not made before her return then upon her first return to
that port.
(3.) The registrar of any fort, not being the ship's port of
registry, who is required to make an endorsement under this
section may for that purpose require the master of the ship to
deliver to him the ship's certificate of registry, so that the ship
be not thereby detained, and the master shall deliver the same
accordingly.
(4.) If the master fails to deliver to the registrar the certificate
of registry as required by this section he shall, for each offence, be
liable to a fine not exceeding one hundred pounds.
37
Cu. 60.] Merchant Shipping Act, 1894. [57 & 58 VicT.]
A.D. 1894. 21.-(1.) In the event of a registered ship being either actually
or constructively lost, taken by the enemy, burnt, or broken up, or
crtificate off ceasing of by reason of a transfer to persons not qualified to be
ship lost or owners British ships, or otherwise, to be a British ship, every
ceasing to be owner of the ship or any share in the ship shall, immediately on
British owned.
obtaining knowledge of the event, if no notice thereof has already
been given to the registrar, give notice thereof to the registrar at
her port of registry, and that registrar shall make an entry thereof
in the register book.
(2.) In any such case, except where the ship's certificate of
registry is lost or destroyed, the master of the ship shall, if the event
occurs in port immediately, but if it occurs elsewhere then within
ten days after his arrival in port, deliver the certificate to the
registrar, or, if there is none, to the British consular officer there,
and the registrar, if he is not himself the registrar of her port of
registry, or the British consular officer, shall forthwith forward the
certificate delivered to him to the registrar of her port of registry.
(3.) If any such owner or master fails, without reasonable cause,
to comply with this section, he shall for each offence be liable to a
fine not exceeding one hundred pounds.
Provisional 22.-(1.) If at a port not within Her Majesty's dominions and
certificate for not being a port of registry established by Order in Council under
ships becoming
British owned this Act, a ship becomes the property of persons qualified to own a
abroad. British ship, the British consular officer there may grant to her
master, on his application, a provisional certificate, stating-
(a) the name of the ship ;
(b) the time and place of her purchase, and the names of her
purchasers ;
(c) the name of her master; and
(d) the best particulars respecting her tonnage, build, and
description which he is able to obtain ;
and shall forward a copy of the certificate at the first convenient
opportunity to the Registrar-General of Shipping and Seamen.
(2.) Such a provisional certificate shall have the effect of a
certificate of registry until the expiration of six months from its
date, or until the ship's arrival at a port where there is a registrar
(whichever first happens), and on either of those events happening
shall cease to have effect.
Temporary 23. Where it appears to the Commissioners of Customs, or to
passes in lieu the governor of a British possession, that by reason of special
of certificates
of circumstances it would be desirable that permission should be
granted to any British ship to pass, without being previously
registered, from any port in Her Majesty's dominions to any other
port within Her Majesty's dominions, the Commissioners or the
governor may grant a pass accordingly, and that pass shall, for the
time and within the limits therein mentioned, have the same effect
as a certificate of registry.
Transfers and Transmissions.
Transfer of 24.-(1.) A registered ship or a share therein (when disposed of
ships or shares.
to a person qualified to own a British ship) shall be transferred by
bill of sale.
38
[57 & 58 VicT.] Merchant Shipping Act 1894. [CH. 60.]
is contained in the surveyor's certificate, or some other description

sufficient to identify the ship to the satisfaction of the registrar,
and shall be in the form marked A in the first part of the. First
-
(2.) The bill of sale shall contain such description of the ship as A.D. 1894.
Schedule to this Act, or as near thereto as circumstances permit,

and shall be executed by the transferor in the presence of, and be
attested by, a witness or witnesses.
25. Where a registered ship or a share therein is transferred, Declaration of
the transferee shall not be entitled to be registered as owner thereof transfer.
until he, or, in the case of a corporation, the person authorised by
this Act to make declarations on behalf of the corporation, has made
and signed a declaration (in this Act called a declaration of transfer)
referring to the ship, and containing-
(a) a statement of the qualification of the transferee to own a
British ship, or if the transferee is a corporation, of such
circumstances of the constitution and business thereof as prove
it to be qualified to own a British ship ; and
(b) a declaration that, to the best of his knowledge and belief,
no unqualified person or body of persons is entitled as owner
to any legal or beneficial interest in the ship or any share
therein.
26.-(1.) Every bill of sale for the transfer of a registered ship Registry of
or of a share therein, when duly executed, shall be produced to the transfer.
registrar of her port of registry, with the declaration of transfer,
and the registrar shall thereupon enter in the register book the
name of the transferee as owner of the ship or share, and shall
endorse on the bill of sale the fact of that entry having been made,
with the day and hour thereof.
(2.) Bills of sale of a ship or of a share therein shall be entered
in the register book in the order of their production to the registrar.
27.-(1.) Where the property in a registered ship or share Transmission
therein is transmitted to a person qualified to own a British ship on of property in
the marriage, death, or bankruptcy of any registered owner, or by bank
uptcyth,
any lawful means other than by a transfer under this Act- marriage, &c.
(a.) That person shall authenticate the transmission by making.
and signing a declaration (in this Act called a declaration of
transmission) identifying the ship and containing the several
statements herein-before required to be contained in a declara-
tion of transfer, or as near thereto as circumstances admit, and
also a statement of the manner in which and the person to
whom the property has been transmitted.
(b.) If the transmission takes place by virtue of marriage, the
declaration shall be accompanied. by a copy of the register
of the marriage or other legal evidence of the celebration
thereof, and shall declare the identity of the female owner.
(c.) If the transmission is consequent on bankruptcy, the
declaration of transmission shall be accompanied by such
evidence as is for the time being receivable in courts of justice
as proof of the title of persons claiming under a bankruptcy.
39
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 VIcT.]
A.D. 1894. (d.) If the transmission is consequent on death, the declaration

of transmission shall be a companied by the instrument of
representation, or an official extract therefrom.
(2.) The registrar. on receipt of the declaration of transmission
so accompanied, shall enter in the register book the name of the
person entitled under the transmission as owner of the ship or
share the property in which has been transmitted, and, where
there is more than one such person, shall enter the names of all
those persons, but those persons, however numerous, shall, for the
purpose of the provision of this Act with respect to the number of
persons entitled to be registered as owners, be considered as one
person.
Order for sale 28.--(1.) Where the property in a registered ship or share
on transmis- therein is transmitted on marriage, death, bankruptcy, or otherwise
unqualified to a person not qualified to own a British ship, then-then-
person. if tl.e ship is registered in England or Ireland, the High Court; or
if the ship is registered in Scotland, the Court of Session or
;
if the ship is registered in any British possession, the court

having the principal civil jurisdiction in that possession ; or
if the ship is registered in a port of registry est Wblished by Order
in Council under this Act, the British court having the prin-
cipal civil jurisdiction there
;
may on application by or on behalf of the unqualified person, order

a sale of the property so transmitted, and direct that the proceeds
of the sale, after deducting the expenses thereof, be paid to the
person entitled under such transmission or otherwise as the court
direct.
(2.) The court may require any evidence in support of the
application they think requisite, and may make the order on any
terms and conditions they think just, or may refuse to make the
order, and generally may act in the case as the justice of the case
requires.
(3.) Every such application for sale must be made within four
weeks after the occurrence of the event on which the transmission
has taken place, or within such further time (not exceeding in the
whole one year from the date of the occurrence) as the court allow.
(4.) If such an application is not made within the time afore-
said, or if the court reuse an order for sale, the ship or share
transmitted shall thereupon be subject to forfeiture under this Act.
Transfer of 29. Where any court, whether under the preceding sections of
ship or sale by this Act or otherwise, order the .ale of any ship or share therein,
order of court.
the order of the court shall contain a declaration vesting in some
person named by the court the right to transfer that ship or share,
and that person shall thereupon be entitled to transfer the ship or
share in the same manner and to the same extent as if he were
the registered owner thereof; and every registrar shall obey the
requisition of the person so named in respect of any such transfer
to the same extent as if such person were the registered owner.
power of court 30. Each of the following courts, namely :-
to prohibit (a) in England or Ireland the High Court,
transfer. (b) in Scotland the Court of Session,
40
[57 & 58 VicT] Merchant Shipping Act, 1894. [CH. 60.]
(c) in
jurisdiction in that possession ; and
(d) in the case of a port of registry established by Order in
Council under this Act, the British court having the principal
-
any British possession the court having the principal civil A.D. 1894.
civil jurisdiction there,

may, if the court think fit (without prejudice to the exercise of
any other power of the court), on the application of any interested
person make an order prohibiting for a time specified any dealing
with a ship or any share therein, and the court may make the
order on any terms or conditions they think just, or may refuse to
make the order, or may discharge the order when made, with or
without costs, and generally may act in the case as the justice of
the case requires ; and every registrar, without being made a party
to the proceeding, shall on being served with the order or an
official copy thereof obey the same.
Mortgages.
31.-(1.) A registered ship or a share therein may be made a Mortgage of
security for a loan or other valuable consideration, and the instru- ship or share.
ment creating the security (in this Act called a mortgage) shall
be in the form marked B in the first part of the First Schedule to
this Act, or as near thereto as circumstances permit, and on the
production of such instrument the registrar of the ship's port of
registry shall record it in the register book.
(2.) Mortgages shall be recorded by the registrar in the order in
time in which they are produced to him for that purpose, and the
registrar shall by memorandum under his hand notify on each
mortgage that it has been recorded by him, stating the day and
hour of that record.
32. Where a registered mortgage is discharged, the registrar Entry of
shall, on the production of the mortgage deed, with a receipt for mortgage. of
the mortgage money endorsed thereon, duly signed and attested,
make an entry in the register book to the effect that the mortgage
has been discharged, and on that entry being made the estate (if
any) which passed. to the mortgagee shall vest in the person in
whom (having regard to intervening acts and circumstances, if
any,) it would have vested if the mortgage had not been made.
33. If there are more mortgages than one registered in respect Priority of
of the same ship or share, the mortgagees shall, notwithstanding mortgages.
any express, implied, or constructive notice, be entitled in priority,
one over the other, according to the date at which each mortgage
is recorded in the register book, and not according to the date of
each mortgage itself.
34. Except as far as may be necessary for making a mortgaged Mortgagee not
ship or share available as a security for the mortgage debt, the treated as
mortgagee shall not by reason of the mortgage be deemed the

owner of the ship or share, nor shall the mortgagor be deemed to
have ceased to be owner thereof.
35. Every registered mortgagee shall have power absolutely to Mortgagee to
to have power
dispose of the ship or share in respect of which he is registered, of sale.
41
[Cs. 60.] Merchant Shipping Act, 1894. [57 & 58 VicT,]
A.D. 1894. and to give effectual receipts for the purchase money; but where
there are more persons than one registered as mortgagees of the
same ship or share, a subsequent mortgagee shall not, except under
the order of a court of competent jurisdiction, sell the ship or share,
without the concurrence of every prior mortgagee.
Mortgage not 36. A registered mortgage of a ship or share shall not be
affected by
bankruptcy. affected by any act of bankruptcy committed by the mortgagor
after the date of the record of the mortgage, notwithstanding that
the mortgagor at the commencement of his bankruptcy had the
ship or share in his possession, order,.or disposition, or was reputed
owner thereof, and the mortgage shall be preferred to any right,
claim, or interest therein of the other creditors of the bankrupt or
any trustee or assignee on their behalf.
Transfer of
mortgages.
37. A registered mortgage of a ship or share may be transferred
to any person, and the instrument effecting the transfer shall be in
the form marked C in the first part of the First Schedule to this
Act, or as near thereto as circumstances permit, and on the pro-
duction of such instrument the registrar shall record it by entering
in the register book the name of the transferee as mortgagee of the
ship or share, and shall by memorandum under his hand notify on
the instrument of transfer that it has been recorded by him, stating
the day and hour of the record.
Transmission 38.-(1.) Where the interest of a mortgagee in a ship or share
of interest in is transmitted on marriage, death, or bankruptcy, or by any lawful
mortgage by
death, bank- means, other than by a transfer under this Act, the transmission
shall be authenticated by a declaration of the person to whom the
rmarriage, &c. interest is transmitted, containing a statement of the manner in
which and the person to whom the property has been transmitted,
and shall be accompanied by the like evidence as is by this Act
required in case of a corresponding transmission of the ownership
of a ship or share.
(2.) The registrar on the receipt of the declaration, and the pro-
duction of the evidence aforesaid, shall enter the name of the
person entitled under the transmission in the register book as
mortgagee of the ship or share.
Certificates of Mortgage and Sale.

Powers of 39. A registered owner, if desirous of disposing by way of
mortgage and mortgage or sale of the ship or share in respect of which he is
sale may be
conferred by registered at any place out of the country in which the port of
certificate. registry of the ship is situate, may apply to the registrar, and the
registrar shall thereupon enable him to do so by granting a
certificate of mortgage or a certificate of sale.
Requisites for 40. Before a certificate of mortgage or sale is granted, the
certificates of shall state to the registrar, and the registrar shall enter
mortgage and
applicant
sale. in the register book, the following particulars; (that is to say,)
(i) the name of the person by whom the power mentioned in
the certificate is to be exercised, and. in the case of a mortgage
the maximum amount of charge to be created, if it is intended
to fix any such maximum, and in the case of a sale the
42
[57 & 58 Vim] Merchant Shipping Act, 1894. [Cx, 60.]
minimum price at which a sale is to be made, if it is intended A.D. 1894.

to fix any such minimum :
(ii) the place where the power is to be exercised, or if no place
is specified, a declaration that it may be exercised anywhere,
subject to the provisions of this Act :
(iii) the limit of time within which the power may be exercised.
41. A certificate of mortgage or sale shall not be granted so as Restrictions on
to authorise any mortgage or sale to be made-- certificates of
mortgage and
If the port of registry
b of the ship is situate in the United King- sale.
d.otn, at any place within the United Kingdom ; or
If the port of registry is situate within a British possession, at
any place within the same British possession ; or
If the port of registry is established by Order in Council under
this Act, at that port, or within such adjoining area as is
specified in the order; or
By any person not named in the certificate.
42. A certificate of mortgage and a certificate of sale shall con- Contents of
certificates of
tain a statement of the several particulars by this Act directed to salmoetgage and
be entered in the register book on the application for the certificate, e.
and in addition thereto an enumeration of any registered mortgages
or certificates of mortgage or sale affecting the ship or share in
respect of which the certificate is given.
43. The following rules shall be observed as to certificates of Rules as to
mortgage :-- certificates of
mortgage.
(1.) The power shall be exercised in conformity with the direc-
tions contained in the certificate :
(2.) Every mortgage made thereunder shall be registered by
the endorsement of a record thereof on the certificate by a
registrar or British consular officer :
(3.) A mortgage made in good faith thereunder shall not be
impeached by reason of the person by whom the power was
given dying before the making of the mortgage :
(4.) Whenever the certificate contains a specification of the place
at which, and a limit of time not exceeding twelve months
within which, the power is to be exercised, a mortgage made
in good faith to a mortgagee without notice shall not be im-
peached by reason of the bankruptcy of the person by whom
the power was given :
(5.) Every mortgage which is so registered as aforesaid on the
certificate shall have priority over all mortgages of the same
ship or share created subsequently to the date of the entry of
the certificate in the register book ; and, if there are more
mortgages than one so registered, the respective mortgagees
claiming thereunder shall, notwithstanding any express,
implied, or constructive notice, be entitled one before the
other according to the date at which each mortgage is
registered on the certificate, and not according to the date of
the mortgage:
(6.) Subject to the foregoing rules, every mortgagee whose
mortgage is registered on the certificate shall have the same
rights and powers and be subject to the same liabilities as he
43
[CR. 60.] Merchant Shipping Act, 1894. [57 & 58 VicT.]
A.D. 1894. would have had and been subject to if his mortgage had
been registered in the register book instead of on the
certificate :
(7.) The discharge of any mortgage so registered on the certifi-
cate may be endorsed on the certificate by any registrar or
British consular officer, on the production of such evidence as
is by this Act required to be produced to the registrar on the
entry of the discharge of a mortgage in the register book
and on that endorsement being made, the interest, if any,
which passed to the mortgagee shall vest in the same person
or persons in whom it would (having rega-d to intervening
acts and circumstances, if any,) have vested, if the mortgage
had not been made :
(8.) On the delivery of any certificate of mortgage to the
registrar by whom it was granted he shall, after recording in
the register bo k, in such inanner as to preserve its prurity,
any unsatisfied mortgage registered thereon, cancel the
certificate, and enter the fact of the cancellation in the
register book ; and every certificate so cancelled shall be void
to all intents.
Rules as to 44. The following rules shall be observed as to certificates of
certificates of sale :-
sale.
(1.) A certificate of sale shall not be granted except for the sale
of an entire ship :
(2.) The power shall be exercised in conformity with the direc-
tions contained in the certificate :
(3.) A sale made in good faith thereunder to a purchaser for
valuable consideration shall not be impeached by reason of the
person by whom the power was given dying before the making
of such sale :
(4.) Whenever the certificate contains a specification of the place
at which, and a limit of time not exceeding twelve months
within which, the power is to be exercised, a sale made in
good faith to a purchaser for valuable consideration without
notice shall not be impeached by reason of the bankruptcy of
the person by whom the power was given :
(5.) A transfer made to a person qualified to be the owner of a
British ship shall be by a bill of sale in accordance with this
Act :
(6.) If the ship is sold to a person qualified to be the owner of a
British ship the ship shall be registered anew ; but notice of
all mortgages enumerated on the certificate of sale shall be
entered in the register book :
(7.) Before registry anew thee shall be produced to the registrar
required to make the same the bill of sale by which the ship is
transferred, the certificate of sale, and the certificate of registry
of such ship :
(H.) The last-mentioned registrar shall retain the certificates of
sale and registry, and after having endorsed on both of those
instruments an entry of the fact of a sale having taken place,
shall forward thein to the registrar of the port appearing
thereon to be the former port of registry of the ship, and the
44
[57 & 58 VICT.] Merchant Shipping Act, 1894. [GB. 60.]
last-mentioned registrar shall thereupon make a memorandum A.D. 1894.
or the sale in his register book, and the registry of the ship
in that book shall be considered as closed, except as far as re-
lates to any unsatisfied mortgages or existing certificates of
-
mortgage entered therein
(9.) On such registry anew the description of the ship contained
in her original certificate of registry may be transferred to
the new register book, without her being re-surveyed, and the
declaration to be made by the purchaser shall be the same as
would be required to be made by an ordinary transferee :
(10.) If the ship is sold to a person not qualified to be the owner
of a British ship, the bill of sale by which the ship is trans -
ferred, the certificate of sale, and the certificate of registry
shall be produced to a registrar or British consular officer, and
that registrar or officer shall retain the certificates of sale and
registry, and, having endorsed thereon the fact of that ship
having been sold to a person not qualified to be the owner of
a British ship, shall forward the certificates to the registrar of
the port appearing on the certificate of registry to be the port
of registry of that ship ; and that registrar shall thereupon
make a memorandum of the sale in his register book, and the
,registry of the ship in that book shall be considered as closed,
except so far as relates to any unsatisfied mortgages or existing
certificates of mortgage entered therein :
(11.) If, on a sale being made to a person not qualified to be the
owner of a British ship, default is made in the production of
such certificates as are mentioned in the last rule, that person
shall be considered by British law as having acquired no title
to or interest in the ship ; and further, the person upon whose
application the certificate of sale was granted, and the person
exercising the power, shall each be liable to a fine not exceeding
one hundred pounds :
(12.) If no sale is made in conformity with the certificate of
sale, that certificate shall be delivered to the registrar by whom
the same was granted ; and he shall thereupon cancel it and
enter the fact of the cancellation in the register book; and
every certificate so cancelled shall be void for all intents and
purposes.
45. On proof at any time to the satisfaction of the Commis- Power of Com-
missioners of
sioners of Customs that a certificate of mortgage or sale is lost Customs in
or destroyed, or so obliterated as to be useless, and that the powers case of loss of
thereby given have never been exercised, or if they have been certificate of
mortgage or
exercised, then on proof of the several matters and things that le.
have been done thereunder, the registrar may, with the sanction
of the Commissioners, as circumstances require, either issue a
new certificate, or direct such entries to be made in the register
books, or such other things to be done, as might have been made
or done if the loss, destruction, or obliteration had not taken
place.
46.--(1.) The registered owner of any ship or share therein in Revocation of',
respect of which a certificate of mortgage or sale has been granted,
specifying the places where the power thereby given is to be sate.
tna
certificates
45
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 Vier]
A.D. 1894. exercised, may, by an instrument under his hand, authorise the
-- registrar by whom the certificate was granted to give notice to the
registrar or British consular officer at every such place that the
certificate is revoked.
(2.) Notice shall thereupon be given accordingly and shall be
recorded by the registrar or British consular officer receiving it,
and after it is recorded the certificate shall be deemed to be
revoked and of no effect so far as respects any mortgage or sale
to be thereafter made at that place.
(3.) The notice after it has been recorded shall be exhibited to
every person applying for the purpose of effecting or obtaining a
mortgage or transfer under the certificate.
(4.) A registrar or British consular officer on recording any such
notice shall state to the registrar by whom the certificate was
granted whether any previous exercise of the power to which such
certificate refers has taken place.
Name of Ship.
Rules as to
name of ship.
47.-(1.) A ship shall not be described by any name other than
that by which she is for the time being registered.
(2.) A change shall not be made in the name of a ship without
the previous written permission of the Board of Trade.
(3.) Application for that permission shall be in writing, and if
the Board are of opinion that the application is reasonable they
may entertain it, and thereupon require notice thereof to be
published in such form and manner as they think fit.
(4.) On permission being granted to change the name, the ship's
name shall forthwith be altered in the register book, in the ship's
certificate of registry, and on her bows and stern.
(5.) If it is shown to the satisfaction of the Board of Trade that
the name of any ship has been changed without their permission
they shall direct that her name be altered into that which she
bore before the change, and the name shall be altered in the
register book, in the ship's certificate of registry, and on her bows
and stern accordingly.
(6.) Where a ship having once been registered has ceased to be
so registered no person unless ignorant of the previous registry
(proof whereof shall lie on him) shall apply to register, and no
registrar shall knowingly register, the ship, except by the name
by which she was previously registered, unless with the previous
written permission of the Board of Trade.
(7.) Where a foreign ship, not having at any previous time been
registered as a British ship, becomes a British ship, no person shall
apply to register, and no registrar shall knowingly register, the ship,
except by the name which she bore as a foreign ship immediately
before becoming a British ship, unless with the previous written
permission of the Board of Trade.
(8.) If any person acts, or suffers any person under his control to
act, in contravention of this section, or omits to do, or suffers any
person under his control to omit to do, anything required by this
section, he shall for each offence be liable to a fine not exceeding
46
[57 & 58 VICT.] Merchant Shipping Act, 1894. [Ca. 60.]
one hundred pounds, and (except in the case of an application being A.D. 1894.
made under the section with respect to a foreign ship which not
having at any previous time been registered as a British ship has
--
become a British ship) the ship may be detained until this section
is complied with.
Registry of Alterations, Registry anew, and Transfer of Registry.

48.-(1.) When a registered ship is so altered as not to corre- Registry of
spond with the particulars relating to her tonnage or description alterations.
contained in the register book, then, if the alteration is made at
any port having a registrar, that registrar, or, if it is made else-
where, the registrar of the first port having a registrar at which
the ship arrives after the alteration, shall, on application being
made to him, and on receipt of a certificate from the proper
surveyor stating the particulars of the alteration, either cause the
alteration to be registered, or direct that the ship be registered
anew.
(2.) On failure to register anew a ship or to register an altera-
tion of a ship so altered as aforesaid, that ship shall be deemed not
duly registered, and shall not be recognised as a British ship.
49.-(l.) For the purpose. of the registry of an alteration in a Regulations
ship, the ship's certificate of registry shall be produced to the for registry of
alteration.
registrar, and the registrar shall, in his discretion, either retain the
certificate of registry and grant a new certificate of registry con-
taining a description of the ship as altered, or endorse and sign on
the existing certificate a memorandum of the alteration.
(2.) The particulars of the alteration so made, and the fact of the
new certificate having been granted, or endorsement having been
made, shall be entered by the registrar of the ship's port of registry
in his register book ; and for that purpose the registrar to whom
the application for the registry of the alteration has been made (if
he is not the registrar of the ship's port of registry), shall forthwith
report to the last-mentioned registrar the particulars and facts as
aforesaid, accompanied, where a new certificate of registry has
been granted, by the old certificate of registry.
50.--(1.) Where any registrar, not being the registrar of the Provisional
ship's port of registry, on an application as to an alteration in a ship certificate and
endorsement
directs the ship to be registered anew, he shall either grant a pro- where ship is
visional certificate, describing the ship as altered, or provisionally to be regis-
endorse the particulars of the alteration on the existing certificate. tered anew.
(2.) Every such provisional certificate, or certificate provisionally
endorsed, shall, within ten days after the first subsequent arrival of
the ship at her port of discharge in the United Kingdom, if she is
registered in the United Kingdom, or, if she is registered in a
British possession, at her port of discharge in that British posses-
sion, or, if she is registered at a port of registry established by
Order in Council under this Act, at that port, be delivered up to
the registrar thereof, and that registrar shall cause the ship to be
registered anew.
(3.) The registrar granting a provisional certificate under this
section, or provisionally endorsing a certificate, shall add to the
47
[CH. 60.] Merchant Shipping Act, 1894. [51' & 58 VICT]
A.D. 1894. certificate or endorsement a statement that the same is made pro-
visionally, and shall send a report of the particulars of the case to
the registrar of the ship's port of registry, containing a similar
statement as the certificate or endorsement.
Registry anew 51. Where the ownership of any ship is changed, the registrar
on change of of the port at which the ship is registered may, on the application
ownership.
of the owners of the ship, register the ship anew, although
registration anew is not required under this Act.
Procedure for 52.--(1.) Where a ship is to be registered anew, the registrar
registry anew. shall proceed as in the case of first registry, and on the delivery
up to him of the existing certificate of registry, and on the other
requisites to registry, or in the case of a change of ownership such
of them as he thinks material, being duly complied with, shall make
such registry anew, and grant a certificate thereof.
(2.) When a ship is registered anew, her former register shall be
considered as closed, except so far as relates to any unsatisfied
mortgage or existing certificates of sale or mortgage entered
thereon, but the names of all persons appearing on the former
register to be interested in the ship as owners or mortgagees shill
be entered on the new register, and the registry anew shall not in
any way affect the rights of any of those persons.
Transfer of 53.-(1.) The registry of any ship may be transferred from one
registry. port to another on the application to the registrar of the existing
port of registry of the ship made by declaration in writing of all
persons appearing on the register to be interested therein as
owners or mortgagees, but that transfer shall not in any way affect
the rights of those persons or any of them, and those rights shall
in all respects continue in the same manner as if no such transfer
had been effected.
(2.) On any such application the registrar shall transmit notice
thereof to the registrar of the intended port of registry with a copy
of all particulars relating to the ship, and the names of all persons
appearing on the register to be interested therein as owners or
iortgagees.
(3.) The ship's certificate of registry shall be delivered up to the
registrar either of the existing or intended port of registry, and, if
delivered up to the former, shall be transmitted to the registrar of
the intended port of registry.
(4.) On the receipt of the above documents the registrar of the
intended port of registry shall enter in his register book all the
particulars and names to transmitted as aforesa,*d, and grant a fresh
certificate of registry, and thenceforth such ship shall be considered
as registered at the new port of registry, and the name of the ship's
new port of registry shall be substituted for the name of her former
port of registry on the ship's stern.
Restrictions on 54. Where a ship has ceased to be registered as a British ship
re-registration
of abandoned y reason of havingg been wrecked or abandoned, or for any reason
by
ships. other than capture by the enemy or transfer to a person not qualified
to own a British ship, the ship shall not be re-registered until
she has, at the expense of the applicant for registration, been
48
[57 & 58 VicT.] Merchant Shipping Act, 1.894. [CH. 60.1
surveyed by a surveyor of ships and certified by him to be sea- A.D. 1894.

worthy. ---
Incapacitated Persons.
55.-(1.) Where by reason of infancy, lunacy, or any other provision for
cause any person interested in any ship, or any share therein, is cases of
incapable of making any declaration or doing anything required or or othercy
permitted by this Act to be made or done in connexion with the incapacity.

registry of the ship or share, the guardian or committee, if any, of
that person, or, if there is none, any person appointed on applica-
tion made on behalf of the incapable person, or of any other
person interested, by any court or judge having jurisdiction in
respect of the property of incapable persons, may make such
declaration, or a declaration as nearly corresponding thereto as
circumstances permit, and do such act or thing in the name and
on behalf of the incapable person ; and all acts done by the sub-
stitute shall be as effeAual as if done by the person for whom he
is substituted.
(2.) The Trustee Act, 1850, and the Acts amending the same,
shall, so far as regards the court exercising jurisdiction in lunacy in
Ireland, apply to shares in ships registered under this Act as if they
were stock as defined by that Act.
Trusts and Equitable Rights.
56. No notice of any trust, express, implied, or constructive, Notice of trusts
not received
shall be entered in the register book or be receivable by the registrar,
and, subject to any rights and powers appearing by the register
book to t e vested in any other person, the registered owner of a
ship or of a share therein shall have power absolutely to dispose
in manner in this Act provided of the ship or share, and to give
effectual receipts for any money paid or advanced by way of
consideration.
57. The expression " beneficial interest," where used in this Part Equities not
excluded by
of this Act, includes interests arising under contract and other Act.
equitable interests ; and the intention of this Act is, that without
prejudice to the provisions of this Act for preventing notice of trusts
from being entered in the register book or received by the registrar,
and without prejudice to the powers of disposition and of giving
receipts conferred by this Act on registered owners and mortgagees,
and without prejudice to the provisions of this Act relating to the
exclusion of unqualified persons from the ownership of British ships,
interests arising under contract or other equitable interests may be
enforced by or against owners and mortgagees of ships in respect of
their interest therein in the same manner as in respect of any other
personal property.
Liability of Beneficial Owner.
58. Where any person is beneficially interested, otherwise than Liability of
owners.
by way of mortgage, in any ship or share in a ship registered in
the name of some other person as owner, the person so interested
shall, as well as the registered owner, be subject to all pecuniary
D 49
[Ca. 60.1 Merchant Shipping Act, 1894. [57 & 58 Vi0T]
A.D. 1894. penalties imposed by this or any other Act on the owners of ships
or shares therein, so nevertheless that proceedings may be taken
for the enforcement of any such penalties against both or either of
the aforesaid parties, with or without joining the other of them.
Managing Owner.
Ship's 59.-(1.) The name and address of the managing owner for the
managing
owner or
time being of every ship registered at a port in the United Kingdom
manager to be shall be registered at the custom house of that port.
registered. (2.) Where there is not a managing owner there shall be so
registered the name of the ship's husband or other person to whom
the management of the ship is entrusted by or on behalf of the
owner ; and any person whose name is so registered shall, for the
purposes of this Act, be under the same obligations, and subject to
the same liabilities, as if he were the managing owner.
(3.) If default is made in complying with this section the owner
shall be liable, or if there are more owners than one each owner
shall be liable in proportion to his interest in the ship, to a fine
not exceeding in the whole one hundred pounds each time the ship
leaves any port in the United Kingdom.
Declarations, Inspection of Register, and Fees.
Power of regis- 60. When, under this Part of this Act, any person is required to
trar to dispense make a declaration on behalf of himself or of any corporation, or
any evidence is required to be produced to the registrar, and it is
with declara-
tions and other
evidence. shown to the satisfaction of the registrar that from any reasonable
cause that person is unable to make the declaration, or that the
evidence cannot be produced, the registrar may, with the approval
of the Commissioners of Customs, and on the production of such
other evidence, and subject to such terms as they mad think fit,
dispense with the declaration or evidence.
Mode of 61.-(1.) Declarations required by this Part of this Act shall be
making de- made before a registrar of British ships, or a justice of the peace,
clarations.
or a commissioner for oaths, or a British consular officer.
(2.) Declarations required by this Part of this Act may be made
on behalf of a corporation by the secretary or any other officer of
the corporation authorised by them for the purpose.
Application of 62. All fees authorised to be taken under this Part of this Act,
fees.
shall, except where otherwise in this Act provided, if taken in any
part of the United Kingdom, be applied in payment of the general
expenses of carrying into effect this Part of this Act, or otherwise
as the Treasury may direct ; if taken in a British possession, be
disposed of in such way as the Executive Government of the
possession direct ; and if taken at any port of registry established
by Order in Council under this Act, be disposed of as Her Majesty
in Council directs.
Returns, Evidence, and Forms.
Returns to 63.-(1.) Every registrar in the United Kingdom shall at the
be made by
registrars.
expiration of every month, and every other registrar at such times
as may be fixed by the Registrar-General of Shipping and Seamen,
50
[57 & 58 VICT] Merchant Shipping Act, 1894. [CH. 60.]
transmit to him a full return, in such form as the said Registrar- A.D. 1894.
General may direct, of all registries, transfers, transmissions,
mortgages, and other dealings with ships which have been registered
--
by or communicated to him in his character of registrar, and of the
names of the persons concerned in the same, and of such other
particulars as may be directed by the said Registrar-General.
(2.) Every registrar at a port -in the United Kingdom. shall on
or before the first day of February and the first day of August
in every year transmit to the Registrar-General of Shipping and
Seamen a list of all ships registered at that port, and also of all
ships whose registers have been transferred or cancelled at that
port since the last preceding return.
64.-(1.) A person, on payment of a fee not exceeding one Evidence of
shilling, to be fixed by the Commissioners of Customs, may on register book, of
application to the registrar at a reasonable time during the hours registry, and
of his official attendance, inspect any register book. other docu-
(2.) The following documents shall be admissible in evidence in ments.
manner provided by this Act, namely :-
(a.) Any register book under this Part of this Act on its pro-
duction from the custody of the registrar or other person
having the lawful custody thereof ;
(b.) A certificate of registry under this Act purporting to be
signed by the registrar or other proper officer ;
(c.) An endorsement on a certificate of registry purporting to be
signed by the registrar or other proper officer ;
(d.) Every declaration made in pursuance of this Part of this Act
in respect of a British ship.
(3.) A copy or transcript of the register of British ships kept by
the Registrar -General of Shipping and Seamen under the direction
of the Board of Trade shall be admissible in evidence in manner
provided by this Act, and have the same effect to all intents as
the original register of which it is a copy or transcript.
65.-(1.) The several instruments and documents specified in Forms of
the second part of the First Schedule to this Act shall be in the and docmtruc-
form prescribed by the Commissioners of Customs, with the tions as to
consent of the Board of Trade, or as near thereto as circumstances registry.
permit ; and the Commissioners of Customs may, with the consent
of the Board of Trade, make such alterations in the forms so
prescribed, and also in the forms set out in the first part of the
said schedule, as they may deem requisite.
(2.) A registrar shall not be required without the special
direction of the Commissioners of Customs to receive and enter in
the register book any bill of sale, mortgage, or other instrument for
the disposal or transfer of any ship or share, or any interest therein,
which is made in any form other than that for the time being
required under this Part of this Act, or which contains any
particulars other than those contained in such form ; but the
said Commissioners shall, before altering the forms, give such
public notice thereof as may be necessary in order to prevent
inconvenience.
(3.) The Commissioners of Customs shall cause the said forms
to be- supplied to all registrars under this Act for distribution to
D 2 51
[CH. 60.] Merchant S1ippiog Act, 1894. [57 & 58 VICT.]
A.D. 1894. persons requiring to use the same, either free of charge, or at such
moderate prices as they may direct.
(4.) The Commissioners of Customs, with the consent of the
Board of Trade, may also, for carrying into effect this Part of
this Act, give such instructions to their officers as to the manner
of making entries in the register book, as to the execution and
attestation of powers of attorney, as to any evidence required for
identifying any person, as to the referring to themselves of any
question involving doubt or difficulty, and generally as to any act
or thing to be done in pursuance of this Part of this Act, as they
think fit.
Forgery and false Decluratioue.

Forgery of
documents.
66. If any person forges, or fraudulently alters, or assists in
forging or fraudulently altering, or procures to be forged or
fraudulently altered, any of the following documents, namely, any
register book, builder's certificate, surveyor's certificate, certificate
of registry, declaration, bill of sale, instrument of mortgage, or
certificate of mortgage or sale under this Part of this Act, or
any entry or endorsement required by this Part of this Act to be
made in or on any of those documents, that person shall in respect
of each offence be guilty of felony.
False decla-
rations.
67.-(1.) If any person in the case of any declaration made
in the presence of or produced to a registrar under this Part of
this Act, or in any document or other evidence produced to such
registrar-
(i) wilfully makes, or assists in making, or procures to be made
any false statement concerning the title to or ownership of, or
the interest existing in any ship, or any share in a ship ; or
(ii) utters, produces, or makes use of any declaration, or docu-
ment containing any such false statement knowing the same
to be false,
he shall in respect of each offence be guilty of a misdemeanor.
(2.) If any person wilfully makes a false declaration touching
the qualification of himself or of any other person or of any
corporation to own a British ship or any share therein, he shall for
each offence be guilty of a misdemeanor, and that ship or share
shall be subject to forfeiture under this Act, to the extent of the
interest therein of the declarant, and also, unless it is proved that
the declaration was made without authority, of any person or
corporation on behalf of whom the declaration is made.
National Character and Flag.

National 68.-(1.) An officer of customs shall not grant a clearance or
character of transire for any ship until the master of such ship has declared to
ship to be
declared befcre that officer the name of the nation to which he claims that she
clearance. belongs, and that officer shall thereupon inscribe that name on the
clearance or transire.
(2.) If a ship attempts to proceed to sea without such clearance
or transire, she may be detained until the declaration is made.
52
69.-(1.) If a person uses the British flag and assumes the A.D. 1894.
British national character on board a ship owned in whole or in
part by any persons not qualified to own a British ship, for the unduly
-
Penalty for
purpose of making the ship appear to be a British ship, the ship assnmin,
shall be subject to forfeiture under this Act, unless the assumption British
has been made for the purpose of escaping capture by an enemy character.
or by a foreign ship of war in the exercise of some belligerent
right.
(2.) In any proceeding for enforcing any such forfeiture the
burden of proving a title to use the British flag and assume the
British national character shall lie upon the person using and
assuming the same.
70. If the master or owner of a British ship does anything or Penalty for
permits anything to be done, or carries or permits to be carried concealment
any of British or
or documents with intent to conceal the British assumption
Y papers
I of
character of the ship from any person entitled by British law to foreign
inquire into the same, or with intent to assume a foreign character, character.
or with intent to deceive any person so entitled as aforesaid,
the ship shall be subject to forfeiture under this Act; and the
master, if he commits or is privy to the commission of the offence,
shall in respect of each offence be guilty of a misdemeanor.
71. If an unqualified person acquires as owner, otherwise than Penalty for
by such transmission as herein-before provided for, any interest, acersng if
either legal or beneficial, in a ship using a British flag and unqualified.
assuming the British character, that interest shall be subject to
forfeiture under this Act.
72. Where it is declared by this Act that a British ship shall Liabilities of
not be recognised as a British ship, that ship shall not be entitled to ships not
sed as
any benefits, privileges, advantages, or protection usually enjoyed Secgh
by British ships nor to use the British flag or assume the British
national. character, but so far as regards the payment of dues, the
liability to fines and forfeiture, and the punishment of offences
committed on board such ship, or by any persons belonging to her,
such ship shall be dealt with in the same manner in all respects as
if she were a recognised British ship.
73.-(1.) The red ensign usually worn by merchant ships, without National
any defacement or modification whatsoever, is hereby declared to cchiour for
be the proper national colours for all ships'and boats belonging to pe airy on
any British subject, except in the case of Her Majesty's ships or carryingcolours.
im-
boats, or in the case of any other ship or boat for the time being proper
allowed to wear any other national colours in pursuance of a
warrant from Her Majesty or from the Admiralty.
(2.) If any distinctive national colours, except such red ensign or
except the Union Jack with a white border, or if any colours usually
worn by Her Majesty's ships or resembling those of Her Majesty,
or if the pendant usually carried by Her Majesty's ships or any
pendant resembling that pendant, are or is hoisted on board any
ship or boat belonging to any British subject without warrant
from Her Majesty or from the Admiralty, the master of the ship
or boat, or the owner thereof, if on board the same, and every
53
[CH. 60.] Merchant Shippinzg Act, 1894. [57 & 58 VICT.]
A.D. 1894. other person hoisting the colours or pendant, shall for each offence
incur a fine not exceeding five hundred pounds.
(3.) Any commissioned officer on full pay in the military or naval
service of Her Majesty, or any officer of customs in Her Majesty s
dominions, or any British consular officer, may board any ship or
boat on which any colours or pendant are hoisted contrary to this
Act, and seize and take away the colours or pendant, and the
colours or pendant shall be forfeited to Her Majesty.
(4.) A fine under this section may be recovered with costs in the
High Court in England or Ireland, or in the Court of Session in
Scotland, or in any Colonial Court of Admiralty or Vice-Admiralty
Court within Her Majesty's dominions.
(5.) Any offence mentioned in this section may also be prosecuted,
and the fine for it recovered, summarily, provided that-
(a) where any such offence is prosecuted summarily, the court
imposing the fine shall not impose a higher fine than one
hundred pounds ; and
(b) nothing in this section shall authorise the imposition of
more than one fine in respect of the same offence.
Penalty on 74,-(1.) A ship belonging to a British subject shall hoist the
ship not show
ing colours. p roper national colours-
(a) on a signal being trade to her by one of Her Majesty's ships
(including any vessel under the command of an officer of Her
Majesty's navy on full pay), and
(b) on entering or leaving any foreign port, and
(c) if of fifty tons gross tonnage or upwards, on entering or
leaving any British port.
(2.) If default is made on board any such ship in complying
with this section, the master of the ship shall for each offence be
(3.) This section shall not apply to a fishing boat duly entered
in the fishing boat register and lettered and numbered as required
by the Fourth Part of this Act.
Saving for 75. The provisions of this Act with respect to colours worn by
Admiralty.
merchant ships shall not affect any other power of the Admiralty
in relation thereto.
Forfeiture of Ship.
Proceedings on 76,-(1.) Where any ship has either wholly or as to any.share
forfeiture of
ship.
therein beco subject to forfeiture under this Part of this Act,
(a) any commissioned officer on full pay in the military or
naval service of Her Majesty ;
(b) any officer of customs in Her Majesty's dominions ; or
(c) any British consular officer,
may seize and detain the ship, and bring her for adjudication
before the High Court in England or Ireland, or before the Court
of Session in Scotland, and elsewhere before any Colonial Court of
Admiralty or Vice-Admiralty Court in Her Majesty's dominions,
and the court may thereupon adjudge the ship with her tackle,
apparel, and furniture to be forfeited to Her Majesty, and make
such order in the case as to the court seems just, and may award
54
[57 & 58 VICT.] Merchant Shipping Act, 1894. [CR. 60.]
to the officer bringing in the ship for adjudication such portion of A.D.1894.
the proceeds of the sale of the ship, or any share therein, as the
court think fit.
(2.) Any such officer as in this section mentioned shall not be
responsible either civilly or criminally to any person whomsoever
in respect of any such seizure or detention as aforesaid, not-
withstanding that the ship has not been brought in for adjudication,
or if so brought in is declared not liable to forfeiture, if it is shown
to the satisfaction of the court before whom any trial relating to
such ship or such seizure or detention is held that there were
reasonable grounds for such seizure or detention ; but if no such
grounds are shown the court may award costs and damages to any
party aggrieved, and make such other order in the premises as
the court thinks just.
Measurement of Ship and Tonnage.
77.-(1) The tonnage of every ship to be registered, with the Rules for as--
exceptions herein-after mentioned, shall, previously to her being certaining
register ton-
registered, be ascertained by Rule I. in the Second Schedule to this g
Act, and the tonnage of every ship to which that Rule I. can be
applied, whether she is about to be registered or not, shall be
ascertained by the same rule.
(2.) Ships which, requiring to be measured for any purpose other
than registry, have cargo on board, and ships which, requiring to
be measured for the purpose of registry, cannot be measured by
Rule I., shall be measured by Rule II. in the said schedule, and
the owner of any ship measured under Rule II. may at any
subsequent period apply to the Board of Trade to have the ship
re-measured under Rule I., and the Board may thereupon, upon
payment of such fee not exceeding seven shillings and sixpence
for each transverse section as they may authorise, direct the ship
to be re-measured accordingly, and the number denoting the
register tonnage shall be altered accordingly.
(3.) For the purpose of ascertaining the register tonnage of a
ship the allowance and deductions herein-after mentioned shall be
made from the tonnage of the ship ascertained as aforesaid.
(4.) In the measurement of a ship for the purpose of ascertaining
her register tonnage, no deduction shall be allowed in respect of
any space which has not been first included in the measurement
of her tonnage.
(5.) In ascertaining the tonnage of open ships Rule IV. in the
said schedule shall be observed.
(6.) Throughout the rules in the Second Schedule to this Act,
the tonnage deck shall be taken to be the upper deck in ships
which have less than three decks, and to be the second deck from
below in all other ships, and in carrying those rules into effect all
measurements shall be taken in feet, and fractions of feet shall be
expressed in decimals.
(7.) The Board of Trade may make such modifications and
alterations as from time to time become necessary in the rules in
the Second Schedule to this Act for the purpose of the more
55
[Cx. 60.] Merchant Shipping Act, 1894. [57 & 58 V'ICT.]
A.D. 1894. accurate and uniform application thereof, and the effectual carrying
-- out of the principle of measurement therein adopted.
(8.) The provisions of this Act relating to tonnage, together with
the rules for the time being in force, are in this Act referred to as
the tonnage regulations of this Act.
Allowance for 78.-(1.) In the case of any ship propelled by steam or other
engine-room power requiring engine room, an allowance shall be made for the
apace in ateam
in,pa. SPace occupied by the propelling power, and the amount so allowed
shall be deducted from the gross tonnage of the ship ascertained
as in the last preceding section mentioned, and the remainder shall
(subject to any deductions herein-after mentioned) be deemed to
be the register tonnage of the ship, and that deduction shall be
estimated as follows; (that is to say,)
(a.) As regards ships propelled by paddle wheels in which the
tonnage of the space solely occupied by and necessary for the
proper working of the boilers and machinery is above twenty
per cent. and under thirty per cent. of the gross tonnage of
the ship, the deduction shall be thirty-seven one-hundredths
of the gross tonnage ; and in ships propelled by screws, in
which the tonnage of such space is above thirteen per cent. and
under twenty per cent. of the gross tonnage, the deduction
shall be thirty-two one-hundredths of the gross tonnage :
(b.) As regards all other ships, the deduction shall, if the Board
of Trade and the owner both agree thereto, be estimated in the
same manner; but either they or he may, in their or his dis-
cretion, require the space to be measured and the deduction
estimated accordingly ; and whenever the measurement is so
required, the deduction shall consist of the tonnage of the
space actually occupied by or required to be enclosed for the
proper working of the boilers and machinery, with the addition
in the case of ships propelled by paddle wheels of one half,
and in the case of ships propelled by screws of three fourths
of the tonnage of the space ; and in the case of ships propelled
by screws, the contents of the shaft trunk shall be added to
and deemed to form part of the space ; and the measurement
of the space shall be governed by Rule III. in the Second
Schedule to this Act.
(2.) Such portion of the space above the crown of the engine
room and above the upper deck as is framed in for the machinery
or for the admission of light and air shall not be included in the
measurement of the space occupied by the propelling power, except
in pursuance of a request in writing to the Board of Trade by the
owner of the ship, .but shall not be included in pursuance of that
request unless-
(a) that portion is first included in the measurement of the
gross tonnage ; and
(b) a surveyor of ships certifies that the portion so framed in
is reasonable in extent and is so constructed as to be safe and
seaworthy, and that it cannot be used for any purpose other
than the machinery or for the admission of light and air to
the machinery or boilers of the ship.
56
[57 & 58 VIOT.] Merchant Shipping Act, 1894. [CH. 60.]
(3.) Goods or stores shall Rot be stowed or carried in any space A.D. 1894.
measured for propelling power, and if the same are so carried in
any ship, the master and owner of the ship shall each be liable to a
-
79.-(1.) In measuring or re-measuring a ship for the purpose Deductions
of ascertaining her register tonnage, the following deductions shall for ascertain-
mg tonnage.
be made from the space included the
in measurement of the tonnage,
namely :-
(a.) In the case of any ship-
(i) any space used exclusively for the accommodation of the
master; and any space occupied by seamen or appren-
tices and appropriated to their use, which is certified under
the regulations scheduled to this Act with regard thereto.
(ii) any space used exclusively for the working of the helm,
the capstan, and the anchor gear, or for keeping the
charts, signals, and other instruments of navigation, and
boatswains stores ; and
(iii) the space occupied by the donkey engine and boiler, if
connected with the main pumps of the ship ; and
(b.) In the case of a ship wholly propelled by sails, any space
set apart and used exclusively for the storage of sails :
(2.) The deductions allowed under this section, other than a
deduction for a space occupied by seamen or apprentices, and cer-
tified as aforesaid, shall be subject to the following provisions,
namely :-
(a.) The space deducted must be certified by a surveyor of ships
as reasonable in extent and properly and efficiently constructed
for the purpose for which it is intended ;
(b.) There mast be permanently marked in or over every such
space a notice stating the purpose to which it is to be applied,
and that whilst so applied it is to be deducted from the tonnage
of the ship;
(c.) The deduction on account of space for storage of sails must
not exceed two and a half per cent. of the tonnage of the ship.
80. In the case of a screw steamship which, on the twenty- Provisionsons as
sixth day of August, one thousand eight hundred and eighty-nine, in case deductf
had an engine-room allowance of thirty-two per cent. of the gross cert ain steam-
tonnage of the ship, and in which any crew space on deck has not ships.
been included in the gross tonnage, whether its contents have been
deducted therefrom or not, the crew space shall, on the application
of the owner of the ship, or by direction of the Board of Trade, be
measured and its contents ascertained and added to the register
tonnage of the ship ; and if it appears that with that addition to
the tonnage the engine room does not occupy more than thirteen
per cent. of the tonnage of the ship, the existing allowance for
engine room of thirty-two per cent. of the tonnage shall be
continued.
81. In the case of a ship constructed with a double bottom for Measurement
with
water ballast, if the space between the inner and outer plating oouhips
thereof is certified by a surveyor of ships to be not available for bottoms for

the carriage of cargo, stores, or fuel, then the depth required by water ballast.
the provisions of Rule I. relating to the measurement of transverse
57
[OH. 60.] Aferchant Shipping Act, 1894. [57 & 58 Vim]
A.D. 1894. areas shall be taken to be the upper side of the inner plating of
the double bottom, and that upper side shall, for the purposes of
measurement, be deemed to represent the floor timber referred to
in that Rule.
Tonnage once 82. Whenever the tonnage of any ship has been ascertained and
ascertained to registered in accordance with the tonnage regulations of this Act,
be the tonnage
p
the same shall thenceforth be deemed to be the tonnage of the ship,
and shall be repeated in every subsequent registry thereof, unless
any alteration is made in the form or capacity of the ship, or unless
it is discovered that the tonnage of the ship has been erroneously
computed ; and in either of those cases the ship shall he re-
measured, and her tonnage determined and registered according to
the tonnage regulations of this Act.
Fees for 83. Such fees as the Board of Trade determine shall be paid
measurement.
in respect of the measurement of a ship's tonnage not exceeding
those specified in the Third Schedule to this Act, and those fees
shall be paid into the Mercantile Marine Fund.
Tonnagge of 84.-(1.) Whenever it appears to Her Majesty the Queen in
of foreign Council that the tonnage regulations of this Act have been adopted
countries
adopting ton- by any foreign country, and are in force there, Her Majesty in
nage regula- Council may order that the ships of that country shall, without
Lions.
being re-measured in Her Majesty's dominions, be deemed to be
of the tonnage denoted in their certificates of registry or other
national papers, in the same manner, to the same extent, and for
the same purposes as the tonnage denoted in the certificate of
registry of a British ship is deemed to be the tonnage of that
ship.
(2.) Her Majesty in Council may limit the time during which
the Order is to remain in operation, and make the Order subject
to such conditions and qualifications (if any) as Her Majesty may
deem expedient, and the operation of the Order shall be limited
and modified accordingly.
(3.) If it is made to appear to Her Majesty that the tonnage of
any foreign ship, as measured by the rules of the country to which
she belongs, materially differs from that which would be her ton-
nage if measured under this Act, Her Majesty in Council may
order that, notwithstanding any Order in Council for the time
being in force under this section, any of the ships of that country
may, for all or any of the purposes of this Act, be re-measured in
accordance with this Act.
Space occu-
byodeck
85.-(1.) If any ship, British or foreign, other than a home
trade ship as defined by this Act, carries as deck cargo, that is to
liablea to dues. say, in any uncovered space upon deck, or in any covered space
not included in the cubical contents forming the ship's registered
tonnage, timber, stores, or other goods, all dues payable on the
ship's tonnage 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
enclosing a rectangular space sufficient to include the goods.
58
[57 & 58 VICT.] Merchant Shipping Act, 1894. [CH. 60.].
(3.) The tonnage of the space shall be ascertained by an officer. A.D. 1894.
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, and when so ascertained shall be
-
entered by him in the ship's official log-book, and also in a memo-
randum 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, 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.
(4.) Nothing in this section shall apply to any ship 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 posses-
sion, or to deck cargo carried by a ship while engaged in the
coasting trade of any British possession.
86. All duties in relation to the survey and measurement of surveyors and
ships shall be performed by surveyors of ships under this Act in regulations
accordance with regulations made by the Board of Trade,
87. Any persons having power to levy tonnage rates on ships Levy of ton-
f
shipsment
P
for
may, if they think fit, with the consent of the Board of Trade, nage rates
under local
levy3' those tonnage rates upon the registered tonnage of the ships Acts on the
as determined by the tonnage regulations of this Act, notwith- registered
standing that any local Act under which those rates are levied tonnage.
provides for levying the same upon some different system of
tonnage measurement.
Ports of Registry in Place under Foreign Jurisdiction Act.

88. Where, in accordance with the Foreign Jurisdiction Act, Foreign
of
1890, Her Majesty exercises jurisdiction within any port, it shall ports
registry.
be lawful for Her Majesty, by Order in Council, to declare that 53 & 54 Viet.
port a port of registry, and by the same or any subsequent Order c. 37.
in Council to declare the description of persons who are to be
registrars of British ships at that port of registry, and to make
regulations with respect to the registry of British ships thereat.
Registry in Colonies.
89. In every British possession the governor of the possession Powers of

in
shall occupy the place of the Commissioners of Customs with governors colonies.
regard to the performance of anything relating to the registry of
a ship or of any interest in a ship registered in that possession, and
shall have power to approve a port within the possession for the
registry of ships.
90.-(1.) The governor of a British possession may, with the Terminable
certificates of
approval of a Secretary of State, make regulations providing that, registry for
on an application for the registry under this Act in that possession small ships in
of any ship which does not exceed sixty tons burden, the registrar colonies.
may grant, in lieu of a certificate of registry as required by this

Act, a certificate of registry to be terminable at the end of six
months or any longer period from the granting thereof, and all
59
A.D. 1894. 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.
Application of Part I.
Application of 91. This Part of this Act shall apply to the whole of Her
Part I.
Majesty's dominions, and to all places where Her Majesty has
jurisdiction.
PART II.
MASTERS AND SEAMEN.
Certificates of Competency.
Certificates of 92.-(1.) Every British foreign-going ship and every British
competency to ho ne trade passenger ship, when going to sea from any place
be held by
officers of in the United Kingdom, and every foreign steamship carrying
,hips. passengers between places in the United Kingdom, shall be pro-
vided with officers duly certificated under this Act according to
the following scale :-
(a.) In any case with a duly certificated master :
(b.) If the ship is of one hundred tons burden or upwards, with
at least one officer besides the master holding a certificate not
lower than that of only mate in the case of a foreign-going
ship, or of mate in the case of a home trade passenger ship :
(c.) If the ship is a foreign-going ship, and carries more than
one mate, with at least the first and second mate duly
certificated :
(d.) If the ship is a foreign-going steamship of one hundred
nominal horse-power or upwards, with at least two engineers,
one of whom shall be a first-class and the other a first-class or
second-class engineer duly certificated :
(e.) If the ship is a foreign-going steamship of less than one
hundred nominal horse-power, or a sea-going home trade
passenger steamship, with at least one engineer who is a first-
class or second-class engineer duly certificated.
(2.) If any person-
(a) having been engaged as one of the above-mentioned officers
goes to sea as such officer without being duly certificated ; or
(b) employs a person as an officer, in contravention of this
section, without ascertaining that the person so serving is
duly certificated,
that person shall be liable for each offence to a fine not exceeding
fifty pounds :
(3.) An officer shall not be deemed duly certificated, within the
meaning of this section, unless he is the holder for the time being
of a valid certificate of conipeteney under this Act of a grade
appropriate to his station in the ship, or of a higher grade.
60
[57 & 58 VICT.] Merchant Shipping Act, 1894 [Cu. 60.]
ance with this Act, for each of the following grades ; (that is to say,)
Master of a foreign-going ship :
First mate of a foreign-going ship:
-
93.-(1.) Certificates of competency shall be granted, in accord- A.D. 1894.
m.
Grades of
certificates
competency.
Second mate of a foreign-going ship :
Only mate of a foreign-going ship :
Master of a home trade passenger ship :
Mate of a home trade passenger ship :
First-class engineer :
Second-class engineer.
(2.) A certificate of competency for a foreign-going ship shall be
deemed to be of a higher grade than the corresponding certificate
for a home trade passenger ship, and shall entitle the lawful holder
thereof to go to sea in the corresponding grade in the last-
mentioned ship ; but a certificate for a home trade passenger ship
shall not entitle the holder to go to sea as master or mate of a
foreign-going ship.
94.-(1.) For the purpose of granting certificates of competency Examinations
as masters, or mates, to persons desirous of obtaining the same, for certificates
of competency.
examinations shall be held by Local Marine Boards at their
respective ports.
(2.) The Board of Trade may make rules which shall be strictly
adhered to by the examiners for-
(a) the conduct of the examinations ; and
(b) the qualification of the applicants :
and may depute any of their officers to attend and assist at any
examination.
(3.) The approval of the Board of Trade shall be necessary so
far as regards the number and the remuneration of the examiners,
and an examiner shall not be appointed, unless he holds a certificate
of qualification to be from time to time granted or renewed by the
Board of Trade.
(4) The Board of Trade may, if it appears to them that the
examination for two or more ports can be held without incon-
venience by the same examiners, provide that the examination be
so held, and require the Local Marine Boards of those ports to act
as one board for the purpose of the examination.
(5.) Subject to the powers of the Board of Trade under this
section the Local Marine Board may appoint, remove, and re-appoint
examiners, and regulate the conduct of the examinations, and any
member of the Local Marine Board may be present at and assist at
the examinations held by that Board.
95. Where the business of a mercantile marine office is conducted Examinations
Board of
otherwise than under a Local Marine Board, the Board of Trade Trade in
may exercise all such powers and make all such provisions for the certain cases.
holding of examinations as may be exercised and made by a Local
Marine Board.
96.-(1.) For the purpose of granting certificates of competency Engineers of
as engineers to persons desirous of obtaining the same, examinations competency
shall be held at such places as the Board of Trade direct.
(2.) The Board of Trade may appoint times for the examinations,
and may appoint, remove, and re-appoint examiners to conduct the
61
A.D. 1894. same, and determine the remuneration of those examiners, and may
regulate the conduct of the examinations and the qualification of
the applicants and may do all such acts and things as they think
expedient for the purpose of the examinations.
Fees on 97. An applicant for examination, whether as master, mate, or
examination.
engineer, shall pay such fees, not exceeding those specified in the
Fourth Schedule to this Act, as the Board of Trade direct, and the
fees shall be paid to such persons as the Board appoint and carried
to the Mercantile Marine Fund.
Grant of cer-
tificates on 98.-(1.) The Board of Trade shall, subject as herein-after
passing mentioned, deliver to every applicant who is duly reported by the
examination. examiners to have passed the examination satisfactorily, and to
have given satisfactory evidence of his sobriety, experience, ability,
and general good conduct on board ship, such a certificate of
competency as the case requires.
(2.) The Board of Trade may in any case in which a report
appears to them to have been unduly made, remit the case either
to the examiners who made the report or to any other examiners,
and may require a re-examination of the' applicant, or a further
inquiry into his testimonials and character, before granting him a
certificate.
Certificates of
service for
99.-(1.) A person who has attained the rank of lieutenant,
naval officers.
sub-lieutenant, navigating lieutenant, or navigating sub-lieutenant
in Her Majesty's Navy, or of lieutenant in Her Majesty's Indian
Marine Service, shall be entitled to a certificate of service as
master of a foreign-going ship without examination.
(2.) A person who has attained the rank of engineer or assistant
engineer in Her Majesty's Navy or Indian Marine Service, shall
be entitled without examination, if an engineer, to a certificate of
service as first-class engineer, and if an assistant- engineer to a
certificate of service as second-class engineer.
(3.) A certificate of service shall differ in form from a certificate
of competency, and shall contain the name and rank of the person
to whom it is delivered, and the Board of Trade shall deliver a
certificate of service to any person who proves himself to be entitled
thereto.
(4.) The provisions of this Act (including the penal provisions)
shall apply in the case of a certificate of service as they apply in
the case of a certificate of competency, except that the provisions
allowing a holder of a certificate of competency as master of a
foreign-going ship to go to sea as master or mate of a home trade
passenger ship shall not apply.
Form and
record of
100.-(1.) All certificates of competency shall be made in dupli-
certificate. cate, one part to be delivered to the person entitled to the certificate,
and one to be preserved.
(2.) Such last-mentioned part of the certificate shall be preserved,
and a record of certificates of competency and the suspending,
cancelling, or altering of the certificates and any other matter
affecting them shall be kept, in such manner as the Board of Trade
direct, by the Registrar-General of Shipping and Seamen or by
such other person as the Board of Trade direct.
62
[57 & 58 Vi0T.] Merchant Shipping Act, 1894. [CH. 60.]
(3.) Any such certificate and any record under this section shall
be admissible in evidence in manner provided by this Act.
101. If a master, mate, or engineer proves to the satisfaction of Loss of
the Board of Trade that he has, without fault on his part, lost or certificate.
-
A.D. ,1894.
been deprived of a certificate already granted to him, the Board of

Trade shall, and in any other case may, upon payment of such fee
(if any) as they direct, cause a copy of the certificate to which, by
the record kept in pursuance of this Act, he appears to be entitled,
to be certified by the Registrar-General of Shipping and Seamen,
or other person directed to keep the record, and to be delivered to
him ; and a-copy purporting to be so certified shall have all the
effect of the original.
102. Where the legislature of any British possession provides Colonialtificates
cer-
for the examination of, and grant of certificates of competency to, competency.
persons intending to act as masters, mates, or engineers on board
ships, and the Board of Trade report to Her Majesty that they are
satisfied that the examinations are so conducted as to be equally
efficient with the examinations for the same purpose in the United
Kingdom under this Act, and that the certificates are granted on
such principles as to show the like qualifications and competency
as those granted under this Act, and are liable to be forfeited for
the like reasons and in the like manner, Her Majesty may by
Order in Council,-
(i) declare that the said certificates shall be of the same force as
if they had been granted under this Act : and
(ii) declare that all or any of the provisions of this Act, which
relate to certificates of competency granted under this Act,
shall apply to the certificates referred to in the Order : and
(iii) impose such conditions and make such regulations with
respect to the certificates, and to the use, issue, delivery, can-
cellation, and suspension thereof, as Her Majesty may think
fit, and impose fines not exceeding fifty pounds for the breach
of those conditions and regulations.
103.-(1.) The master of a foreign-going ship- Production of
certificates of
(a) on signing the agreement
b with the crew before a suP erin- competency to
tendent shall produce to him the certificates of competency superintendent.
which the master, mates, and engineers of the ship are by this
Act required to hold : and
(b) in the case of a running agreement shall also, before the
second and every subsequent voyage, produce to the superin-
tendent the certificate of competency of any mate or engineer
then first engaged by him who is required by this Act to hold
a certificate.
(2.) The master or owner of every home trade passenger ship of
more than eighty tons burden shall produce to some superintendent
within twenty-one days after the thirtieth of June and the thirty-
first of December in every year the certificates of competency
which the master, mates, and engineers of the ship are by this Act
required to hold.
(3) Upon the production of the certificates of competency, the
superintendent shall, if the certificates are such as the master,
63
[CH. 60.] Merchant Shipping Act, 1894 [57 & 58 VICT.]
A.D. 1894. mates, and engineers of the ship ought to hold, give to the master
-- a certificate to the effect that the proper certificates of competency
have been so produced.
(4.) The master shall, before proceeding to sea, produce the
superintendent's certificate to the chief officer of customs, and the
ship may be detained until the certificate is produced.
Forgery, &c. 104. If any person-
of certificate (a) forges or fraudulently alters, or assists in forging or fraudu-
of competency.
lently altering, or procures to be forged or fraudulently altered,
any certificate of competency, or an official copy of any such
certificate ; or
(b) makes, assists in making, or procures to be made, any false
representation for the purpose of procuring either for himself
or for any other person a certificate of competency ; or
(c) fraudulently uses a certificate or copy of a certificate of com-
petency which has been forged, altered, cancelled or suspended,
or to which he is not entitled ; or
(d) fraudulently lends his certificate of competency or allows it
to be used by any other person,
that person shall in respect of each offence be guilty of a i-nis-
demeanor.
Apprenticeship to the Sea Service.

Assistance 105. All superintendents shall give to persons desiroi=s of
given by apprenticing boys to or requiring apprentices for the sea service,
-superinten-
dents as to
such assistance as may be in their power, and may receive from
apprentice- those persons such fees as the Board of Trade fix, with the con-
ship. currence, so far as relates to pauper apprentices in England, of the
Local. Government Board, and so far as relates to pauper apprentices
in Ireland, of the Local Government Board for Ireland.
Apprentice- 106. Subject to the special provisions of this N( t, apprentice-
ships of ships to the sea service made by a board of guardians or persons
paupers in
Great Britain having the authority of a board of guardians shall, if made in
and Ireland. Great Britain, be made in the same manner and be subject to
the same laws and regulations as other apprenticeships made by
such boards or persons ; and if made in Ireland, be subject to the
following regulations:-
(a.) The board of guardians or other persons in any poor law
union may put out and bind as apprentice to the sea service
any boy who, or whose parent, is receiving relief in the union,
and who has attained the age of twelve years, and is of
sufficient health and strength, and consents to be bound :
(b.) If the cost of relieving the boy is chargeable to an electoral
division of a poor law union, then.(except where paid officers
act in place of guardians) he shall not be so bound unless the
consent in writing of the guardians of that division, or of a
majority of them, if more than one, is first obtained, and that
consent shall, if possible, be endorsed on the indenture:
(c.) The expenses incurred in the binding and outfit of any such
apprentice shall be charged to the poor law union or electoral
64
Rj57 & 58 VE-CT.] Hercha'nt Shipping Act, 1894. [CH. 60.]
division, as the case may be, to which the boy or his parent A.D. 1894.
is chargeable at the time of his being apprenticed :
(d.) All indentures made in a poor law union may be sued on
--
by the board of guardians of the union, or persons having the
authority of such board, by their name of office ; and actions
so brought shall not abate by reason of any death or change
in the persons holding office, but such an action shall not
be commenced without the consent of the Local Government
Board for Ireland :
(e.) The amount of the costs incurred in any such action, and
not recovered from the defendant, may be charged as the
expenses incurred in binding out the apprentice.
107. 'Every indenture of apprenticeship to the sea service made Attestation of
in the United Kingdom by a board of guardians, or persons having pauper ap-
p.
the authority of a board of guardians, shall be executed by the boy p
-the
and the person to whom he is bound in the presence of and shall
be attested by two justices of the peace, and those justices shall
ascertain that the boy has consented to be bound and has attained
the age of twelve years and is of sufficient health and strength,
and that the person to whom the boy is bound is a proper person
for the purpose.
108.-(1.) Every indenture of apprenticeship to the sea service Special pro- as
shall be executed in duplicate and shall be exempt from stamp duty. apprenticeship
(2.) Every indenture of apprenticeship to the sea service, made to the sea
in the United Kingdom, and every assignment or cancellation service.
thereof, and, where the apprentice bound dies or deserts, the fact
,,of the death or desertion, shall be recorded.
(3.) For the purpose of the record-
(a) a person to whom an apprentice to the sea service is bound
shall within seven days of the execution of the indenture take
or transmit to the Registrar-General of Shipping and Seamen,
or to a superintendent, the indenture executed in duplicate,
and the Registrar-General or superintendent shall keep and
record the one indenture and endorse on the other the fact
that it has been recorded and re-deliver it to the master of the
apprentice ;
(b) the master shall notify any assignment or cancellation of the
indenture, or the death or desertion of the apprentice, to the
Registrar-General of Shipping and Seamen, or to a superin-
tendent, within seven days of the occurrence, if it occurs
within the United Kingdom ; or, as soon as circumstances
permit, if it occurs elsewhere.
(4.) If any person fails to comply with any requirement of this
:section, he shall for each offence be liable to a fine not exceeding
ten pounds.
109.-(1.) The master of a foreign-going ship shall, before Production of
indentures to
carrying an apprentice to sea from a port in the United Kingdom, superintendent
cause the apprentice to appear
before the superintendent before before voyage
whom the crew are engaged, and shall produce to the superin- in foreign-
tendent the indenture by which the apprentice is bound, and every going ship.
assignment thereof.
E f5
[Cu. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT.]
A.D. 1894. (2.) The name of the apprentice, with the date of the indenture
--- and of the assignments thereof, if any, and the names. of the ports
at which the same have been registered, shall be entered on the
agreement with the crew.
(3.) If the master fails without reasonable cause to comply with
any requirement of this section he shall for each offence be liable
to a fine not exceeding five pounds.
Licences to supply Seamen.
Licence for 110. The Board of Trade may grant to such persons as the
supply of Board think fit licences to engage or supply seamen or apprentices
seamen.
for merchant ships in the United Kingdom, and any such licence
shall continue for such period, and may be granted and revoked on
such terms and conditions as the Board think proper.
Penalty for 111.-(1.) A person shall not engage or supply a seaman or
engaging sea-
men without apprentice to be entered on board any ship in the United Kingdom,
licence, unless that person either holds a licence from the Board of Trade
for the purpose, or is the owner or master or mate of the ship,
or is bona fide the servant and in the constant employment of the
owner, or is a superintendent.
(2.) A person shall not employ for the purpose of engaging or
supplying a seaman or apprentice to be entered on board any ship
in the United Kingdom any person, unless that person either holds
a licence from the Board of Trade for the purpose, or is the owner
or master or mate of the ship, or is bona fide the servant and in
the constant employment of the owner, or is a superintendent.
(3.) A person shall not receive or accept to be entered on board
any ship any seaman or apprentice, if that person knows that the
seaman or apprentice has been engaged or supplied in contravention
of this section.
(4.) If a person acts in contravention of this section, he shall
for each seaman or apprentice in respect of whom an. offence is
committed, be liable to a fine not exceeding twenty pounds, and,
if a licensed person, shall forfeit his licence.
Penalty for 112.-(1.) A person shall not demand or receive directly or in-
receiving directly from a seaman or apprentice to the sea service, or from a
remuneration person seeking employment as a seaman or apprentice to the sea
from seamen
for engage- service, or from a person on his behalf, any remuneration what-
ment. ever for providing him with employment other than any fees
authorised by this Act.
(2.) If a person acts in contravention of this section, he shall
for each offence be liable to a fine not exceeding five pounds.
Agreements 113.-(1.) The master of every ship, except ships of less than
with crew. eighty tons registered tonnage exclusively employed in trading
between different ports on the coasts of the United Kingdom, shall
enter into an agreement (in this Act called the agreement with the
crew) in accordance with this Act with every seaman whom be
carries to sea as one of his crew from any port in the United
Kingdom.
(2.) If a master of a ship carries any seaman to sea without
entering into an agreement with him in accordance with this Act,
66
the master in the case of a foreign-going ship, and the master or A.D.
owner in the case of a home trade ship, shall for each offence be
liable to a fine not exceeding five pounds.
- 1894.
114.-(1.) An agreement with the crew shall be in a form Form, period,

approved by the Board of Trade, and shall be dated at the time of and conditions crewents
the first signature thereof, and shall be signed by the master before with
a seaman signs the same.
(2.) The agreement with the crew shall contain as terms thereof
the following particulars:-
(a.) Either the nature, and, as far as practicable, the duration
of the intended voyage or engagement, or the maximum
period of the voyage or engagement and the places or parts
of the world, if any, to which the voyage or engagement is
not to extend :
(b.) The number and description of the crew, specifying how

many are engaged as sailors :
(c.) The time at which each seaman is to be on board or to begin
work :
(d.) The capacity in which each seaman is to serve :
(e.) The amount of wages which each seaman is to receive :
(f.) A scale of the provisions which are to be furnished to each

seaman :
(g.) Any regulations as to conduct on board, and as to fines,

short allowance of provisions, or other lawful punishment for
misconduct which have been approved by the Board of Trade
as regulations proper to be "adopted, and which the parties
agree to adopt.
(3.) The agreement with the crew shall be so framed as to admit
of such stipulations, to be adopted at the will of the master and
seaman in each case, whether respecting the advance and allotment
of wages or otherwise, as are not contrary to law.
(4.) If the master of a ship registered at a port out of the United
Kingdom has an agreement with the crew made in due form
according to the law of that port or of the port, in which her
crew were engaged, and engages single seamen in the United
Kingdom, those seamen may sign the agreement so made, and it,
shall not then be necessary for them to sign an agreement in the
form approved by the Board of Trade.
115. The following provisions shall have effect with respect to special pro-
the agreements with the crew made in the United Kingdom in visions as to
the case of foreign-going ships registered either within or without ithemewsof
the United Kingdom :- foreign-going
ships.
(1.) The agreement shall (subject to the provisions of this Act
as to substitutes) be signed by each seaman in the presence of
a superintendent :
(2.) The superintendent shall cause the agreement to be read
over and explained to each seaman, or otherwise ascertain
that each seaman understands the same before he signs it,
and shall attest each signature :
(3.) When the crew is first engaged the agreement shall be
signed in duplicate, and one part shall be retained by the
E 2 67
A.D. 1894. superintendent, and the other shall be delivered to the master,
and shall contain a special place or form for the descriptions
and signatures of substitutes or persons engaged subsequently
to the first departure of the ship :
(4.) Where a substitute is engaged in the place of a seaman
who duly signed the agreement, and whose services are within
twenty-four hours of the ship's putting to sea lost by death,
desertion, or other unforeseen cause, the engagement shall,
when practicable, be made before a superintendent, and,
when not practicable, the master shall, before the ship puts
to sea, if practicable, and if not, as soon afterwards as possible,
cause the agreement to be read over and explained to the substi-
tute, and the substitute shall thereupon sign the same in the
presence of a witness, and the witness shall attest the signature :
(5.) The agreements may be made for a voyage, or if the voyages
of the ship average less than six months in duration may be
made to extend over two or more voyages, and agreements so
made to extend over two or more voyages are in this Act
referred to as running agreements :
(6.) Running agreements shall not extend beyond the next
following thirtieth day of June or thirty-first day of December,
or the first arrival of the ship at her port of destination in
the United Kingdom after that date, or the discharge of cargo
consequent on that arrival :
(7.) On every return to a port in the United Kingdom before
the final termination of a running agreement, the master
shall make on the agreement an endorsement as to the
engagement or discharge of seamen, either that no engagements
or discharges have been made, or are intended to be made
before the ship leaves port, or that all those made have been
made as required by law, and if a master wilfully makes a
false statement in any such endorsement, he shall for each
offence be liable to a fine not exceeding twenty pounds :
(8.) The master shall deliver the running agreement so endorsed
to the superintendent, and the superintendent shall, if the
provisions of this Act relating to agreements have been com-
plied with, sign the endorsement and return the agreement to
the master:
(9.) The duplicate running agreement retained by the superinten-
dent on the first engagement of the crew shall either be trans-
mitted to the Registrar-General of Shipping and Seamen im-
mediately, or kept by the superintendent until the expiration
of the agreement, as the Board of Trade direct.
Special pro- 116. The following provisions shall have effect with respect to
visions as to
agreements
the agreements with the crew of home trade ships for which an
with crew of agreement with the crew is required under this Act:-
home-trade (L) Agreements may be made either for service in a particular
ships.
ship or for service in two or more ships belonging to the same
owner, but in the latter case the names of the ships and the
nature of the service shall be specified in the agreement :
(2.) Crews or single seamen may, if the master think fit, be
engaged before a superintendent in the same manner as they
68
[57 & 58 Vicr.] Merchant Shipping Act, 1894. [CH. 60.]
are required to be engaged for foreign-going ships, but if the A.D. 1894.
engagement is not so made, the master shall, before the ship
puts to sea, if practicable, and if not, as soon after as possible,
cause the agreement to be read and explained to each seaman,
and the seaman shall thereupon sign the same in the presence
of a witness, and the witness shall attest the signature :
(3.) An agreement for service in two or more ships belonging
to the same owner may be made by the owner instead of by
the master ; and the provisions of this Act with respect to the
making of the agreement shall apply accordingly :
(4.) Agreements shall not, in the case of ships of more than
eighty tons burden, extend beyond the next following thirtieth
day of June or thirty-first day of December or the first arrival
of the ship at her final port of destination in the United
Kingdom after that date or the discharge of cargo consequent
on that arrival Provided that the owner or his agent may
:
enter into time agreements in forms sanctioned by the Board

of Trade with individual seamen to serve in any one or
more ships belonging to such owner, and those agreements
need not expire on the thirtieth day of June or the thirty-
first day of December, and a duplicate of every such agree-
ment shall be forwarded to the Registrar-General of Shipping
and Seamen within forty-eight hours after it has been entered
into.
117.-(1.) The master of every foreign-going ship whose crew Changes in
has been engaged before a superintendent shall, before finally Crew ggoing
leaving the United Kingdom, sign, and send to the nearest ship to be
superintendent, a full and accurate statement, in a form approved reported.
by the Board of Trade, of every change which takes place in his
crew before finally leaving the United Kingdom, and that state-
ment shall be admissible in evidence in manner provided by this
Act.
(2.) cause to comply with
If a master fails without reasonable
this section, he shall for each offence be liable to a fine not
exceeding five pounds.
118.-(1.) In the case of a foreign going ship, on the due Certificate asfs
execution of an agreement with the crew in accordance with this witgreem
Act, and also, where the agreement is a running agreement, On foreign-going
compliance by the master, before the second and every subsequent ships.
voyage made after the first commencement of the agreement, with
the provisions of this Act respecting that agreement, the superin-
tendent shall grant the master of the ship a certificate to that
effect.
(2.) The master of every foreign-going ship shall, before pro-
ceeding to sea, produce to the officer of customs that certificate,
and any such ship may be detained until the certificate is
produced.
(3.) The master of every foreign-going ship shall, within forty-
eight hours after the ship's arrival at her final port of destination
in the United Kingdom or upon the discharge of the crew, which-
ever first happens, de'iver h;s agreement with the crew to the
69
[OH. 60.1 Merchant Shipping Act, 1894. [57 & 58 Via.]
A.D. 1894. superintendent, and the superintendent shall give the master a
-- certificate of that delivery ; and an officer of customs shall not clear
the ship inwards until the certificate of delivery is produced, and if
the master fails without reasonable cause so to deliver the agree-
ment with the crew, he shall for each offence be liable to a fine not
Certificate as 119.-(1.) The master or owner of a home trade ship of more than
to agreements
with crew of eighty tons burden shall within twenty-one days after the thirtieth
home trade day of June and the thirty-first day of December in every year
ships. deliver or transmit to a superintendent in the United Kingdom
every agreement with the crew made for the ship within six
months next preceding those days respectively.
(2.) The superintendent on receiving the agreement shall give
the master or owner of the ship a certificate to that effect, and the
ship shall be detained unless the certificate is produced to the
proper officer of customs.
(3.) If the master or owner fails without reasonable cause to
comply with this section, he shall for each offence be liable to a
fine not exceeding five pounds.
Copy of agree- 120.-(1.) The master shall at the commencement of every
ment to be w
madeaccessible
voyage or engagement cause a legible copy of the agreement with
to crew. the crew, (omitting the signatures,) to be posted up in some part of
the ship which is accessible to the crew.
(2.) If the master fails without reasonable cause to comply with
Forgery, &c. 121. If any person fraudulently alters, makes any false entry in,
of agreements or delivers a false copy of, any agreement with the crew, that person
with crew.
shall in respect of each offence be guilty of a misdemeanor, and if
any person assists in committing or procures to be committed any
such offence, he shall likewise in respect of each offence be guilty of
a misdemeanor.
Alterations in
agreements
122. Every erasure, interlineation, or alteration in any agreement
with crew . with the crew (except additions made for the purpose of shipping
substitutes or persons engaged after the first departure of the ship)
shall be wholly inoperative, unless proved to have been made
with the consent of all the persons interested in the erasure,
interlineation, or alteration, by the written attestation (if in Her
Majesty's dominions) of some superintendent, justice, officer of
customs, or other public functionary, or elsewhere, of a British
consular officer, or where there is no such officer, of two respectable
British merchants.
Seamen not to 123. In any legal or other proceeding a seaman may bring
to
puro
ced
agreement.
forward evidence to prove the contents of any agreement with
the crew or otherwise to support his case, without producing, or
giving notice to produce the agreement or any copy thereof.
Engagement of 124.-(1.) With respect to the engagement of seamen abroad,
seamen in
colonial and the following provisions shall have effect:-
foreign ports. Where the master of a ship engages a seaman in any British
possession other than that in which the ship is registered or at a
70
[57 & 58 VICT.] Merchant Shipping Act, 1894. [CH. 60.1
this Act respecting agreements with the crew made in the United
Kingdom shall apply subject to the following modifications:-
(a.) In any such British possession the master shall engage the
-
port in which there is a British consular officer, the provisions of A.D. 1894.
seaman before some officer being either a superintendent or, if

there is no such superintendent, an officer of customs ;
(b.) At any such port having a British consular officer, the
master shall, before carrying the seaman to sea, procure the
sanction of the consular officer, and shall engage the seaman
befcre that officer ;
(c.) The officer shall endorse upon the agreement an attestation to
the effect that the agreement has been signed in his presence
and otherwise made as required by this Act, and also, if the
officer is a British consular officer, thlat it has his sanction, and
if the attestation is not made the burden of proving that the
engagement was made as required by this Act shall lie upon
the master.
(2.) If a master fails to comply with this section he shall be
liable for each offence to a fine not exceeding five pounds.
Agreements with Lascars.
125.-(1.) The master or owner of any ship, or his agent, may Agreements
with lascars.
enter into an agreement with a lascar, or any native of India,
binding him to proceed either as a seaman or as a passenger-
(a) to any port in the United Kingdom, and there to enter into
a further agreement to serve as a seaman in any ship which
may happen to be there, and to be bound to any port in
British India ; or
(b) to any port in the Australian colonies, and there to enter
into a further agreement to serve as a seaman in any ship
which may happen to be there, and to be bound to the United
Kingdom or to any other part of Her Majesty's dominions.
(2.) The original agreement shall be made in such form, and con-
tain such provisions, and be executed in such manner, and contain
such conditions for securing the return of the lascar or native to
his own country and for other purposes, as the Governor-General
of India in Council or the Governor in Council of any Indian
Presidency in which the agreement is made may direct.
(3.) Where any lascar or native bound by the original agreement
is, on arriving in the United Kingdom or one of the said colonies,
as the case may be, required to enter into such further agreement
as aforesaid, some officer appointed for the purpose in the United
Kingdom by a Secretary of State in Council of India, or in any
such colony by the governor of the colony, may, on the payment of
such fee not exceeding ten shillings, as a Secretary of State in
Council of India or the governor may direct, certify-
(a) that the further agreement is a proper agreement in all
respects for the lascar or native to make, and is in accordance
with the original agreement ; and
(b) that the ship to which the further agreement relates is in
all respects a proper ship for the lascar or native to serve in
71
[C.H. 60.] Merchaozt Shipping Act, 1894, [57 & 58 Vicr.]'
A.D. 1894. and also where the ship is in one of the said Australian,
colonies, that it is properly supplied with provisions ; and
(c) that there is not, in his opinion, any objection to the full
performance of the original agreement ;
and thereupon the lascar or native shall be deemed to be engaged
under the further agreement and to be for all purposes one of the
crew of the ship to which it relates, and the lascar or native
shall, notwithstanding a refusal to enter into the further agree-
ment, be liable to the same consequences, and be dealt with in
all respects in the same manner, as if he had voluntarily
entered into the same.
(4.) The master of every ship arriving at a port in the United
Kingdom, which has or during any part of her voyage has had on,
board a lascar or any native of India either as one of her crew or
otherwise, shall exhibit to the officer of customs, or to such person
as the Board of Trade may authorise in that behalf, a statement,
containing a list and description of all lascars or natives of India
who are, or have been, so on board, and an account of what has.
become of any lascar or native of India who at any time during:
the voyage has been, but is not then, on board, and the ship shall
not be cleared inwards until the statement is exhibited, and if the
master fails to exhibit such statement he and the owner of the ship
shall be liable jointly and severally to a fine not exceeding ten
pounds for every lascar or native of India in respect of whom the-
failure takes place.
(5.) Nothing in this section shall affect any provisions which are
4 Geo. 4. e. 80. unrepealed of the Act of the fourth year of the reign of King
George the Fourth, chapter eighty, intituled, " An Act to consoli-
date and amend the several laws now in force with respect to,
trade within the limits of the charter of the East India Company,,
and to make further provision with respect to such trade."
Rating of Seamen.
Rating of 126.-(1.) A seaman shall not be entitled to the rating of A.B.
seamen. that is to say, of an able-bodied seaman, unless he has served at
sea for four years before the mast, but the employment of fishermen
in decked fishing vessels registered under the first part of this Act.
shall only count as sea service up to the period of three years of
that employment ; and the rating of A.B. shall only be granted after-
at least one year's sea service in a trading vessel in addition to,
three or more years sea service on board of decked fishing vessels;
so registered.
(2.) The service may be proved by certificates of discharge, by a
certificate of service from the Registrar-General of Shipping and
Seamen (granted by the Registrar on !payment of a fee not,
exceeding sixpence), specifying in each case whether the service!
was rendered in whole or in part in steam ship or in sailing ship,,
or by other satisfactory proof.
Discharge of Seamen.
Discharge
before super-
127.-(l.) When a seaman serving in a British foreign-going
intendent. ,
ship, whether registered within or without the United Kingdom, is.
72
[57 & 58 VrcT.] Merchant Shipping Act, 1894. [Cx. 60.]
on the termination of his engagement discharged in the United A.D. 1894.

Kingdom, he shall, whether the agreement with the crew be an
agreement for the voyage or a running agreement, be discharged
in manner provided by this Act in the presence of a superintendent.
-
(2.) If the master or owner of a ship acts in contravention of
exceeding ten pounds.
(3.) If the master or owner of a home trade ship so desire, the
seamen of that ship may be discharged in the same manner as
seamen discharged from a foreign-going ship.
128.-(1.) The master shall sign and give to a seaman discharged Certificate of
from his ship, either on his discharge or on payment of his wages, discharge and
return of certi-
a certificate of his discharge in a form aroved
pp by the Board of ficate to officer
Trade, specifying the period of his service and the time and place on discharge.
of his discharge, and if the master fails so to do he shall for each
offence be liable to a fine not exceeding ten pounds.
(2.) The master shall also, upon the discharge of every certi-
ficated officer whose certificate of competency has been delivered
to and retained by him, return the certificate to the officer, and if
without reasonable cause he fails so to do he shall for each offence
be liable to a fine not exceeding twenty pounds.
129.-(1.) Where a seaman is discharged before a superintendent, Reports of
the master shall make and sign, in a form approved by the Board seaman's
of Trade, a report of the conduct, character, and qualifications of character.
the seaman discharged, or may state in the said form that he
declines to give any opinion upon such particulars, or upon any of
them, and the superintendent before whom the discharge is made
shall, if the seaman desires, give to him or endorse on his certificate
of discharge a copy of such report (in this Act referred to as the
report of character).
(2.) The superintendent shall transmit the reports to the Registrar-
General of Shipping and Seamen, or to such other person as the
Board of Trade may direct, to be recorded.
130. If any person- False or forged
(a) makes a false report of character under this Act, knowing certharge or
the same to be false ; or report of
(b) forges or fraudulently alters any certificate of discharge or character.
report of character or copy of a report of character ; or
(c) assists in committing, or procures to be committed, any of
such offences as aforesaid ; or
(d) fraudulently uses any certificate of discharge or report of
character or copy of a report of character which is forged or
altered or does not belong to him,
Payment of Wages.
131.-(1.) Where a seaman is discharged before a superinten- Payment of
before
dent in the United Kingdom, he shall receive his wages through or wages
superintendent.
in the presence of the superintendent, unless a competent court
otherwise direct, and if in such a case the master or owner of a ship
73
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 VicT]
A.D. 1894. pays his wages within the United Kingdom in any other manner,
-- he shall for each offence be liable to a fine not exceeding ten
pounds.
(2.) If the master or owner of a home trade ship so desires, the
seamen of that ship may receive their wages in the same manner
as seamen discharged from a foreign-going ship.
Master to 132.-(1.) The master of every ship shall before paying off or
deliver account discharging a seaman deliver at the time and in the manner pro-
of wages.
vided by this Act a full and true account, in a form approved by
the Board of Trade, of the seaman's wages, and of all deductions to
be made therefrom on any account whatever.
(2.) The said account shall be delivered-
(a) where the seaman is not to be discharged before a superin-
tendent, to the seaman himself not less than twenty-four hours
before his discharge or payment off; and
(b) where the seaman is to be discharged before a superin-
tendent, either to the seaman himself at or before the time of
his leaving the ship, or to the superintendent not less than
twenty-four hours before the discharge or payment off.
(3.) If the master of a ship fails without reasonable cause to
Deductions 133.-(1.) A deduction from the wages of a seaman shall not be
from wages of allowed unless it is included in the account delivered in pursuance
seamen.
of the last preceding section, except in respect of a matter happening
after the delivery.
(2.) The master shall during the voyage enter the various
matters in respect of which the deductions are made, with the
amounts of the respective deductions, as they occur, in a book to be
kept for that purpose, and shall, if required, produce the book at
the time of the payment of wages, and also upon the hearing before
any competent authority of any complaint or question relating to
that payment.
Time of pay- 134. In the case of foreign-going ships (other than ships em-
ment of wages ployed on voyages for which seamen by the terms of their
for foreign-
going ships. agreement are wholly compensated by a share in the profits of the
adventure)-
(a.) The owner or master of the ship shall pay to each seaman on
account, at the time when he lawfully leaves the ship at the
end of his engagement, two pounds, or one fourth of the
balance of wages due to him, whichever is least ; and shall pay
him the remainder of his wages within two clear days (ex-
clusive of any Sunday, fast day in Scotland, or Bank holiday)
after he so leaves the ship :
(b.) If the seaman consents, the final settlement of his wages
may be left to a superintendent under regulations of the Board
of Trade, and the receipt of.the superintendent shall in that
case operate as if it were a release given by the seaman in
accordance with this Part of this Act :
(c.) In the event of the seaman's wages .or any part thereof not
being paid or settled as in this section mentioned, then, unless
74
[57 & 58 VICT.] Merchant Shipping Act, 1894. [CA. 60.]
the delay is due to the act or default of the seaman, or to any A.D, 1894.
reasonable dispute as to liability, or to any other cause not ---
being the wrongful act or default of the owner or master, the
seaman's wages shall continue to run and be payable until the
time of the final settlement thereof.
135.-(1.) The master or owner of every home trade ship shall Time of pay-
pay to every seaman his wages within two days after the termina- ment of wages
trade
tion of the agreement with the crew, or at the time when the shpsome
seaman is discharged, whichever first happens.
(2.) If a master or owner fails without reasonable cause to make
payment at that time, he shall pay to the seaman a sum not
exceeding the amount of two days pay for each of the days during
which payment is delayed beyond that time, but the sum payable
shall not exceed ten days double pay.
(3.) Any sum payable under this section may be recovered as
wages.
136.-(1.) Where a seaman is discharged, and the settlement of Settlement of
he shall sign in the wages.
his wages completed, before a superintendent,
presence of the superintendent a release, in a form approved by
the Board of Trade, of all claims in respect of the past voyage or
engagement ; and the release shall also be signed by the master
or owner of the ship, and attested by the superintendent.
(2.) The release, so signed and attested, shall operate as a mutual
discharge and settlement of all demands between the parties thereto
in respect of the past voyage or engagement.
(3.) The release shall be retained by the superintendent, and on
production from his custody shall be admissible in evidence in
manner provided by this Act.
(4.) Where the settlement of a seaman's wages is by this Act
required to be completed through or in the presence of a superin-
tendent, no payment, receipt, or settlement, made otherwise than
in accordance with this Act shall operate as or be admitted as
evidence of the release or satisfaction of any claim.
(5.) Upon any payment being made by a master before a super.
intendent, the superintendent shall, if required, sign and give to
the master a statement of the whole amount so paid ; and the state-
ment shall as between the master and his employer be admissible
as evidence that the master has made the payments therein
mentioned.
Decision of
137.-(1.) Where in the case of a foreign-going ship a question master questions by
as to wages is raised before a superintendent between the superinten-
or owner of the ship and a seaman or apprentice, and the amount dents.
in question does not exceed five pounds, the superintendent may,
on the application of either party, adjudicate, and the decision of
the superintendent in the matter shall be final; but if the super-
intendent is of opinion that the question is one which ought to be
decided by a court of law, he may refuse to decide it.
(2.) Where any questiop, of whatever nature and whatever the
amount in dispute, between a master or owner and any ofin writing
his crew
a superintendent, and both parties agree
is raised before
hear and
to submit the same to him, the superintendent shall
75
[Gx. 60.] Merchant Shipping Act, 1894. [57 & 58 VicT.)
A.D. 1894. decide the question so submitted ; and an award made by him upon
-- the submission shall be conclusive as to the rights of the parties,
and the submission or award shall not require a stamp ; and a
document purporting to be the submission or award shall be.
admissible as evidence thereof.
Power of
superintendent
138.-(1.) In any proceeding under this Act before a super.
to require pro- intendent relating to the wages, claims, or discharge of a seaman,
duction of the superintendent may require the owner, or his agent, or the
ship's papers. master, or any mate or other member of the crew, to produce any
logbooks, papers, or other documents in his possession or power
relating to a matter in question in the proceeding, and may require
the attendance of and examine any of those persons, being then at
or near the place, on the matter.
(2.) If any person so required fails, without reasonable cause, to
comply with the requisition, he shall for each offence be liable to a
Rule as to 139. Where a seaman has agreed with the master of a British
payment of
British seamen ment of his wages in British sterling or any other
ship for payment
in foreign money; any payment of, or on account of, his wages if made in any
money. other currency than that stated in the agreement, shall, notwith-
standing anything in the agreement, be made at the rate of
exchange for the money stated in the agreement, for the time being
current at the place where the payment is made.
Advance and Allotment of Wages.

Advance notes
restricted.
140.-(1.) (a.) Where an agreement with the crew is required
to be made in a form approved by the Board of Trade, the
agreement may contain a stipulation for payment to or on
behalf of the seaman, conditionally on his going to sea in
pursuance of the agreement, of a sum not exceeding the
amount of one month's wages payable to the seaman under
the agreement; and
(b.) Stipulations for the allotment of a seaman's wages may be
made in accordance with this Act.
(2.) Save as aforesaid an agreement by or on behalf of the
employer of a seaman for the payment of money to or on behalf
of the seaman conditionally on his going to sea from any port in
the United Kingdom shall be void, and any money paid in
satisfaction or in respect of any such agreement shall not be
deducted from the seaman's wages, and a person shall not have
any right of action, suit, or set off against the seaman or his.
assignee in respect of any money so paid or purporting to have
been so paid.
Regulations as 141.-(1.) Any stipulation made by a seaman at the commence.
to allotment ment of a voyage for the allotment of any part of his wages.
notes.
during his absence shall be inserted in the agreement with the
crew, and shall state the amounts and times of the payments to be
made.
(2.) Where the agreement is required to be made in a form
approved by the Board of Trade, the seaman may require that a
76
157 & 58 VIcT.] Merchant Shipping Act, 1894. [Cn. 60.]
stipulation be inserted in the agreement for the allotment by means A.D.. 1894.
of an allotment note, of any part (not exceeding one half) of his
wages in favour either of a near relative or of a savings bank.
(3.) Allotment notes shall be in a form approved by the Board of
Trade.
(4.) For the purposes of the provisions of this Act with respect
to allotment notes-
(a) the expression "near relative " means one of the following
persons, namely, the wife, father, mother, grandfather, grand-
mother, child, grandchild, brother, or sister of the seaman.
(b) the expression " savings bank " means a seamen's savings
bank under this Act, or a trustee savings bank, or a post office
savings bank.
142.-(1.) An allotment in favour of a savings bank shall be Allotments
made in favour of such persons and carried into effect in such through
savings banks.
manner as may be prescribed by regulations of the Board of Trade.
(2.) The sum received by a savings bank in pursuance of an
allotment, shall be paid out only on an application made, through
a superintendent or the Board of Trade, by the seaman himself,
or, in case of his death, by some person to whom his property, if
under one hundred pounds in value, may be paid under this Act.
143.-(1.) The person in whose favour an allotment note under right of suing
this Act is made may, unless the seaman is shown, in manner in on allotment
this Act specified, to have forfeited or ceased to be entitled to the notes.
wages out of which the allotment is to be paid, recover the sums
allotted, when and as the same are made payable, with costs from
the owner of the ship with respect to which the engagement was
made, or from any agent of the owner who has authorised the
allotment, in the same court and manner in which wages of seamen
not exceeding fifty pounds may be recovered under this Act ;
provided that the wife of a seaman, if she deserts her children, or
so misconducts herself as to be undeserving of support from her
husband, shall forfeit all right to further payments under any
allotment made in her favour.
(2.) In any proceeding for such recovery it shall be sufficient for
the claimant to prove that he is the person mentioned in the note,
and that the note was given by the owner or by the master or
some other authorised agent ; and the seaman shall be presumed
to,be duly earning his wages, unless the contrary is shown to the
,satisfaction of the court, either-
(a) by the official statement of the change in the crew caused
by his absence, made and signed by the master, as by this Act
is required, or
(b) by a certified copy of some entry in the official log-book to
the effect that he has left the ship, or
(c) by a credible letter from the master of the ship to the same
effect, or
(d) by such other evidence as the court in their absolute dis-
cretion consider sufficient to show satisfactorily that the
seaman has ceased to be entitled to the wages out of which
the allotment is to be paid.
77
[CH. 60.] Merchant Shipping Act, 1894. [57 8a 58 VICT]
A.D. 1894. 144. A payment under an allotment note shall begin at the
expiration of one month, or, if the allotment is in favour of a
Time for pay- savings bank, of three months, from the date of the agreement
ment of allot-
ment note. with the crew, or at such later date as may be fixed by the
agreement, and shall be paid at the expiration of every subsequent
month, or of such other periods as may be fixed by the agreement,
and shall be paid only in respect of wages earned before the date
of payment.
Seamen's Money Orders and Savings Banks.

Remittance 145.-(1.) Facilities shall be given for remitting the wages and
of seamen's other money of seamen and apprentices to the sea service to their
wages, &c. by
seamen's
relatives or other persons by means of seamen's money orders;
money orders. issued by superintendents in accordance with this Act.
(2.) The Board of Trade may make regulations concerning
seamen's money orders, and in particular may specify in those
regulations the time and mode of payment, and the persons by or
to whom the same are to be paid ; and all such regulations, while
in force, shall be binding upon all persons interested or claiming
to be interested in the orders as well as upon the officers employed
in issuing or paying the same.
Power to pay 146. The Board of Trade may, if they think fit, cause the
when order is amount of any seaman's money order to be paid to the person
lost.
to whom or in whose favour the same has been granted, or to the
personal representative, or any legatee, or next-of-kin of such
person, notwithstanding that the order may not be in his possession ;
and, from and after the payment, the Board of Trade, and every
superintendent and officer of the Board of Trade shall be freed from
all liability in respect of the money order.
Penalty for 147. If any superintendent or officer grants or issues a seaman's
issuing money money order with a fraudulent intent he shall be guilty of felony,
orders with
fraudulent and shall for each offence be liable to penal servitude for a term
intent. not exceeding five and not less than three years.
Power for 148.-(1.) The Board of Trade may maintain a central seamen's
Board of Trade
to establish savings bank in London, and may establish and maintain branch sea-
savings banks. men's savings banks at such ports and places in the United Kingdom
as they think expedient, and may receive at those banks deposits
from or on account of seamen (whether of the Royal Navy, merchant
service or other sea service) or the wives, widows, and children of
such seamen, so that the aggregate amount of deposits standing at
any one time in the name of any one depositor do not exceed two
hundred pounds.
(2.) The Board of Trade may constitute any mercantile marine
officea branch savings bank for seamen, and, if so required, any
superintendent of that office shall act as agent of the Board of
Trade in executing the provisions of this Act relative to savings
banks.
(3.) The Board of Trade may make regulations with respect to
the persons entitled to become depositors in seamen's savings banks,
the making and withdrawal of deposits, the amount of deposits, the
rate and payment of interest, the rights, claims, and obligations of
78
[57 & 58 VicT.] Merchant Shipping Act, 1894, [CH. 60.]
depositors, and all other matters incidental to carrying into execu- A.D. 1894;
tion the provisions of this Act with respect to seamen's savings
banks, and those regulations while in force shall have effect as if
enacted in this Act.
-
149.-(1.) The National Debt Commissioners, on the request of National Debt
the Board of Trade, may receive from and repay to the account toCommissioners receive ae
of the Board the money paid as deposits in seamen's savings posits, &c.
banks.
(2.) The Commissioners shall invest money so received in the
like manner as money received from trustee savings banks, and
shall pay to the account of the Board of Trade, interest on the
money while in their hands, at the same rate as on the money
received from trustee savings banks.
150. All sums due from the Board of Trade to the estate of any Application of
deceased person on account of any deposit in a seamen's savings deposits of
bank shall be paid and applied by the Board of Trade as if they deposito.
were the property of a deceased seaman received by the Board
under this Act, and the provisions of this Act respecting that
property shall apply accordingly.
151. The Board of Trade may, out of the interest received by Expenses of
them from the National Debt Commissioners under this Act, pay savings banks,
any expenses incurred by them in relation to seamen's savings
banks.
152. An annual account of all deposits received and repaid on Accounts and
of regula-
account of seamen's savings banks by the Board of Trade under copy oor to be laid
this Act, and of the interest thereon, and a copy of all regulations
ulations before Parlia-
made by the Board of Trade with respect to seamen's savings banks ment.
shall be laid before both Houses of Parliament.
153. Legal proceedings shall not be instituted against the Board Put lie officers
obme xgeampt
of Trade, or against any superintendent or officer employed in or f 1
about any seamen's savings bank or about any seamen's money proceedings,
order, on account of any regulations made by the Board of Trade except wilful
in case
with reference to those banks or orders, or on account of any act dews
done or left undone in pursuance thereof, or on account of any
refusal, neglect, or omission to pay any order or any deposit or
interest thereon, unless that refusal, neglect, or omission arises from
fraud or wilful misconduct on the part of the person against whom
proceedings are instituted.
154. If any person, for the purpose of obtaining, either for Forgery of
documents,&c.,
himself or for any other person, any money deposited in a seamen's for purpose of
savings bank or any interest thereon- obtaining
money in
(a) forges or fraudulently alters, assists in forging or fraudulently seamen's
altering, or procures to be forged or fraudulently altered, any savings bank.
document purporting to show or assist in showing any right to
any such money or interest ; or
(b) makes use of any document which has been so forged or
fraudulently altered as aforesaid ; or
(c) gives, assists in giving, or procures to be given, any false
evidence, knowing the same to be false ; or
79
[CH. 60.1 Merchant Shipping Act, 1894. [57 & 58 VICT]
A.D. 1894. (d) makes, assists in making, or procures to be made, any false
--- representation, knowing the same to be false ; or
(e) assists in procuring any false evidence or representation to be
given or made, knowing the same to be false ;
that person shall for each offence be liable to penal servitude for a
term not exceeding five years, or to imprisonment for any term not
exceeding two years with or without hard labour, or on summary
conviction to imprisonment with or without hard labour for any
period not exceeding six months.
Rights of Seamen in respect of Wages.
Right to wages, 155. A seaman's right to and provisions shall be taken to
when to
begin either at the time at which he commences work or at the
time specified in the agreement for his commencement of work or
presence on board, whichever first happens.
Right to re- 156.-(1.) A seaman shall not by any agreement forfeit his lien
cover wages, on the ship, or be deprived of any remedy for the recovery of his
and salvage
not to be wages, to which in the absence of the agreement he would be
forfeited. entitled, and shall not by any agreement abandon his right to wages
in case of the loss of the ship, or abandon any right that he may
have or obtain in the nature of salvage ; and every stipulation
in any agreement inconsistent with any provision of this Act shall
be void.
(2.) Nothing in this section shall apply to a stipulation made by
the seamen belonging to any ship, which according to the terms of
the agreement is to be employed on salvage service, with respect to
the remuneration to be paid to them for salvage services to be
rendered by that ship to any other ship.
Wages not to
depend on
157.-(1.) The right to wages shall not depend on the earning
freight. of freight ; and every seaman and apprentice who would be entitled
to demand and recover any wages, if the ship in which he has
served had earned freight, shall, subject to all other rules of law and
conditions applicable to the case, be entitled to demand and re-
cover the same, notwithstanding that freight has not been earned ;
but in all cases of wreck or loss of the ship, proof that the seaman
has not exerted himself to the utmost to save the ship, cargo, and
stores, shall bar his claim to wages.
(2.) Where a seaman or apprentice who would, but for death, be
entitled by virtue of this section to demand and recover any wages,
dies before the wages are paid, they shall be paid and applied i n
manner provided by this Act with respect to the wages of a seaman
who dies during a voyage.
Wages on 158. Where the service of a seaman terminates before the date
termination
of service by
contemplated in the agreement, by reason of the wreck or loss of
wreck or the ship, or of his being left on shore at any place abroad under
illness. a certificate granted as provided by this Act of his unfitness or
inability to proceed on the voyage, he shall be entitled to wages up
to the time of such termination, but not for any longer period.
Wages not 159. A seaman or apprentice shall not be entitled to wages for
to accrue
during re- any time during which he unlawfully refuses or neglects to work,
fusal to work when required, whether before or after the time fixed by the
80
[57 & 58 VICT.] Merchant Shipping Act, 1894. [Cs. 60.]
agreement for his commencement of such work, nor, unless the A.D. 1894.
court hearing the case otherwise directs, for any period during
or imprison-
which he is lawfully imprisoned for any offence committed by him. ment.
160. Where a seaman is by reason of illness incapable of per- Forfeiture of
forming his duty, and it is proved that the illness has been caused wages, &c.
of seaman
by his own wilful act or default, he shall not be entitled to wages when illness
for the time during which he is by reason of the illness incapable of caused by his
performing his duty. own default.
161. Whenever in any proceeding relating to seamen's wages Costs of pro-

it is shown that a seaman or apprentice has in the course of the curing punish-
ment may be
voyage been convicted of an offence by a competent tribunal, and deducted from
rightfully punished for that offence by imprisonment or otherwise, wages.
the court hearing the case may direct any part of the wages due to
the seaman, not exceeding three pounds, to be applied in reimburs-
ing any costs properly incurred by the master in procuring the
conviction and punishment.
162. If a seaman, having signed an agreement, is discharged Compensation
otherwise than in accordance with the terms thereof before the to seamen
improperly
commencement of the voyage, or before one month's wages are discharged.
earned, without fault on his part justifying that discharge, and
without his consent, he shall be entitled to receive from the master
or owner, in addition to any wages he may have earned, due com-
pensation for the damage caused to him by the discharge not
exceeding one month's wages, and may recover that compensation
as if it were wages duly earned.
163.-(1.) As respects wages due or accruing to a seaman or Restriction on
sale of, and
apprentice to the sea service- charge upon,
(a) they shall not be subject to attachment or arrestment from s
any court ;
(b) an assignment or sale thereof made prior to the accruing
thereof shall not bind the person making the same ;
(c) a power of attorney or authority for the receipt thereof shall
not be irrevocable ; and
(d) a payment of wages to the seaman or apprentice shall be
valid in law, notwithstanding any previous sale or assignment
of those wages-, or any attachment, incumbrance, or arrestment
thereof.
(2.) Nothing in this section shall affect the provisions of this
Act with respect to allotment notes.
Mode of recovering Wages. a
164. A seaman or apprentice to the sea service, or a person Summary

duly authorised on his behalf, may as soon as any wages due to proceedings
him, not exceeding fifty pounds, become payable, sue for the same for wages.
before a court of summary jurisdiction in or near the place at which
his service has terminated, or at which he has been discharged, or
at which any person on whom the claim is made is or resides, and
the order made by the court in the matter shall be final.
165. A proceeding for the recovery of wages not exceeding Restrictions on
fifty pounds shall not be instituted by or on behalf of any seaman suits for wages.
F 81
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 VtcT.]'
A.D. 1894. or apprentice to the sea service in any superior court of

record
in Her Majesty's dominions, nor as an Admiralty proceeding in
any court having Admiralty jurisdiction in those dominions,.
except-
(i) where the owner of the ship is adjudged bankrupt; or
(ii) where the ship is under arrest or is sold by the authority
of any such court as aforesaid ; or
(iii) where a court of summary jurisdiction acting under the
authority of this Act, refers the claim to any such court ; or
(iv) where neither the owner nor the master of the ship is or
resides within twenty miles of the place where the seaman or
apprentice is discharged or put ashore.
Wages not 166.-(1.) Where a seaman is engaged for a voyage or engage-
recoverable
abroad in cer-
ment which is to terminate in the United Kingdom, he shall not,
tain cases . be entitled to sue in any court abroad for wages, unless he is
discharged with such sanction as is required by this Act, and with
the written consent of the master, or proves such ill-usage on
the part or by authority of the master, as to warrant reasonable;
apprehension of danger to his life if he were to remain on, board.
(2.) If a seaman on his return to the United Kingdom proves.
that the master or owner has been guilty of any conduct or default
which but for this section would have entitled the seaman to sue
for wages before the termination of the voyage or engagement, he
shall be entitled to recover in addition to his wages such coinpen-
sation not exceeding twenty pounds as the court hearing the case
thinks reasonable.
Remedies of
master for
167.-(1.) The master of a ship shall, so far as the case permits,
wages, dis- have the same rights, liens, and remedies for the recovery of his,
bursements,&c. wages as a seaman has under this Act, or by any law or custom.
(2.) The master of a ship, and every person lawfully acting as
master of a ship, by reason of the decease or incapacity from
illness of the master of the ship, shall, so far as the case permits,
have the same rights, liens, and remedies for the recovery of
disbursements or liabilities properly made or incurred by him
on account of the ship as a master has for the recovery of his
wages.
(3.) If in any Admiralty proceeding in any court having
Admiralty jurisdiction touching the claim of a master in respect
of wages, or of such disbursements, or liabilities as aforesaid, any
right of set-off or counter-claim is set up, the court may enter
into and adjudicate upon all questions, and settle all accounts
then arising or outstanding and unsettled between the parties
to the proceeding, and may direct payment of any balance found
to be due.
Power of Courts to rescind Contracts.

Power of court 168. Where a proceeding is instituted in or before any court in
to rescind relation to an dispute between an owner or master of a ship
contract
between owner and a seaman or apprentice to the sea service, arising out of or
or master and incidental to their relation as such, or. is instituted for the purpose
seaman or
apprent ice. of this section, the court, if, having regard to all the circumstances
82
of the case they think it just to do so, may rescind any contract A.D. 1894.-
between the owner or master and the seaman or apprentice, or any
contract of apprenticeship, upon such terms as the court may think
just, and this power shall be in addition to any other jurisdiction
which the court can exercise independently of this section.
Property of deceased Seamen.

169.-(1.) If any seaman or apprentice to the sea service Property of
who
belonging to a British ship the voyage of which is to terminate in seamen ng
the United Kingdom, whether a foreign-going or a home trade ooyg age
ship, dies during that voyage, the master of the ship shall take
charge of any money or effects belonging to the seaman or appren-
tice which are on board the ship.
(2.) The master may, if he think fit, cause any of the effects to
be sold by auction at the mast or otherwise by public auction.
(3.) The master shall enter in the official log-book the following
particulars:-
(a.) A statement of the amount of the money and a description
of the effects :
(b.) In case of a sale, a description of each article sold, and the
sum received for each :
(c.) A statement of the sum due to the deceased for wages and
of the amount of deductions (if any) to be made from the
wages.
(4.) The entry shall be signed by the master and attested by a
mate and some other member of the crew.
(5.) The said money, effects, proceeds of sale of effects, and
balance of wages, are in this Act referred to as the property of the
seaman or apprentice.
170.-(1.) Where a seaman or apprentice dies as aforesaid and Dealing withof
the ship before coming to a port in the United Kingdom touches and account
and remains for forty-eight hours at some port elsewhere, the eamen who
master shall report the case to the British consular officer at such die during
port, or if the port is in a British possession, to the officer of voyage.
customs there, and shall give to the officer any information he
requires as to the destination of the ship and probable length of
the voyage.
(2.) That officer may, if he thinks it expedient, require the
property to be delivered and paid to him, and shall thereupon give
to the master a receipt thereof, and endorse under his hand upon
the agreement with the crew such particulars with respect thereto.
as the Board of Trade require.
(3.) The receipt shall be produced by the master to a superin-
tendent within forty-eight hours after his arrival at his port of
destination in the United Kingdom.
(4.) Where a seaman or apprentice dies as aforesaid and the ship
proceeds at once to a port in the United Kingdom without touching
and remaining as aforesaid at a port elsewhere, or the consular
officer or officer of customs does not require the delivery and pay-
ment of the property as aforesaid, the master shall, within forty-
in the United
eight hours after his arrival at his port of destination
F 2 83
A.D. 1894. Kingdom, deliver and pay the property to the superintendent at
that port.
(5.) In all cases where a seaman or apprentice dies during the
progress of a voyage or engagement, the master shall give to the
Board of Trade, or to the superintendent or officer to whom delivery
and payment is made as aforesaid, such account in such form as
they respectively require of the property of the deceased.
(6.) A deduction claimed by the master in such account shall
not be allowed unless verified, if an official log-book is required to
be kept, by an entry in that book made and attested as required by
this Act, and also by such other vouchers (if any) as may reason-
ably be required by the Board of Trade or by the superintendent
or officer to whom the account is given.
(7.) A superintendent in the United Kingdom shall grant to a
master, upon due compliance with such provisions of this section
as relate to acts to be done at the port of destination, a certificate
to that effect ; and an officer of customs shall not clear inwards a
foreign-going ship without the production of that certificate.
Penalty for 171.-(1.) If the master of the ship fails to comply with the
non-com- provisions of this Act with respect to taking charge of the property
pliance with
provisions as of a deceased seaman or apprentice, or to making in the official
to property log-book the proper entries relating thereto, or to procuring the
of deceased proper attestation of those entries as required by this Act, or to the
seamen.
payment or delivery of the property, he shall be accountable for
the property to the Board of Trade, and shall pay and deliver the
same accordingly, and shall in addition for each offence be liable to
a fine not exceeding treble the value of the property not accounted
for, or if such value is not ascertained not exceeding fifty pounds.
(2.) If any such property is not duly paid, delivered, or accounted
for by the master, the owner of the ship shall pay, deliver, and
-account for the same, and such property shall be recoverable from
him accordingly, and if he fails to account for and deliver or pay
the same, he shall in addition to his liability for the same be liable
to a fine not exceeding treble the value of the property not
accounted for, delivered, or paid over, or, if such value be not
ascertained, not exceeding fifty pounds.
(3.) The property may be recovered in the same court and
manner in which the wages of seamen may be recovered under this
Act.
Property of 172. If any seaman or apprentice to the sea service belonging
deceased
seamen left
to a British ship the voyage of which is to terminate in the
abroad
b not
United Kingdom, or who has within six months preceding his
on board ship. death belonged to any such ship, dies at any place out of- the
United Kingdom, leaving any money or effects not on board the
ship to which he belonged at the time of his death or to which he
last belonged before his death, the chief officer of customs in the
case of a British possession, and in other cases the British consular
officer at or near the place, shall claim and take charge of such
money and effects, and such money and effects shall be deemed to
be property of a deceased seaman or apprentice within the meaning
of this Part of this Act.
84
[57 & 58 VICT.] Merchant Shippping Act, 1894. [CH. 60.]
173.-(1.) A chief officer of customs in a British possession and A.D. 1894.
a British consular officer may, as he thinks fit, sell any of the --
property of a deceased seaman or apprentice delivered to him or of Dealing with of
which he takes charge under this Act, and the proceeds of any such aeceas
sale shall be deemed to form part of the said property. a
seamen by
(2.) Every such officer shall quarterly, or at such times as the officers abroad.
Board of Trade require, remit the property in such manner, and
shall render such accounts in respect thereof as the Board of Trade
require.
174.-(1.) Where a seaman or apprentice is lost with the ship Recovery of
to which he belongs the Board of Trade may recover the wages due wages, &c.
to him from the owner of the ship, in the same court and in the of seamen lost
with their shi p
same manner in which seamen's wages are recoverable, and shall
deal with those wages in the same manner as with the wages of
other deceased seamen and apprentices under this Act.
(2.) In any proceeding for the recovery of the wages, if it is
shown by some official return produced out of the custody of the
Registrar-General of Shipping and Seamen, or by other evidence,
that the ship has twelve months or upwards before the institution
of the proceeding left a port of departure, she shall, unless it is
shown that she has been heard of within twelve months after that
departure, be deemed to have been lost with all hands on board,,
either immediately after the time she was last heard of, or at such
later time as the court hearing the case may think probable.
(3.) Any duplicate agreement or list of the crew made out, or,
statement of a change of the crew delivered, under this Act, at the
time of the last departure of the ship from the United Kingdom, or
a certificate purporting to be a certificate from a consular or other
public officer at any port out of the United Kingdom, stating that
certain seamen and apprentices were shipped in the ship from the
said port, shall, if produced out of the custody of the Registrar-
General of Shipping and Seamen, or of the Board of Trade, be,
in the absence of proof to the contrary, sufficient proof that the
seamen and apprentices therein named as belonging to the ship
were on board at the time of the loss.
175. If a seaman or apprentice to the sea service dies in the Property of
United Kingdom, and is at the time of his death entitled to claim seamen
at home.
dying
from the master or owner of a ship in which he has served any
effects or unpaid wages, the master or owner shall pay and deliver
or account for such property to the superintendent at the port
where the seaman or apprentice was discharged or was to have
been discharged, or to the Board of Trade, or as that Board direct.
176.-(1.) Where any property of a deceased seaman or appren- Payment over
tice comes into the hands of the Board of Trade, or any agent of of property of
that Board, the Board of Trade, after deducting for expenses in- deceased sea-
men by Board
curred in respect of that seaman or apprentice or of his property of Trade.
such sum as they think proper to allow, shall, subject to the
provisions of this Act, deal with the residue as follows:-
(a.) If the property exceeds in value one hundred pounds, they
shall pay and deliver the residue to the legal personal
representative of the deceased:
85
[Ca. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT]
If the property do not exceed in value one hundred pounds,

--
A.D. 1894. (b.)
the Board may as they think fit either pay or deliver the
residue to any claimant who is proved to their satisfaction to
be the widow or a child of the deceased, or to be entitled to
the personalty of the deceased either under his will (if any)
or any statute of distribution or otherwise, or to be a person
entitled to take out representation, although no such repre-
sentation has been taken out, and shall be thereby discharged
from all further liability in respect of the residue so paid or
delivered ; or
(c.) They may, if they think fit, require representation to be
taken out, and pay and deliver the residue to the legal
personal representative of the deceased.
(2.) Every person to whom any such residue is so paid or
delivered shall apply the same in due course of administration.
Dealing with 177.-(1.) Where a deceased seaman or apprentice has left a
deceased
seaman's pro-
will the Board of Trade may refuse to pay or deliver the above-
perty when he mentioned residue-
.lleaves a will. (a) if the will was made on board ship, to any person claiming
under the will, unless the will is in writing, and is signed or
acknowledged by the testator in the presence of, and is attested
by, the master or first or only mate of the ship, and
(b) if the will was not made on board ship, to any person
claiming under the will, and not being related to the testator
by blood or marriage, unless the will is in writing, and is
signed or acknowledged by the testator in the presence of,
and is attested by, two witnesses, one of whom is a superin-
tendent, or is a minister of religion officiating in the place in
which the will is made, or, where there are no such persons, a
justice, British consular officer, or an officer of customs.
(2.) Whenever the Board of Trade refuse ',under this section to
pay or deliver the residue to a person claiming under a will the
residue shall be dealt with as if no will had been made.
'Claims by 178.-(1.) A creditor shall not be entitled to claim from the
creditors. Board of Trade the property of a deceased seaman or apprentice,
or any part thereof, by virtue of representation obtained as
creditor.
(2.) A creditor shall not be entitled by any means whatever to
-obtain.. payment of his debt out of the property, if the debt accrued
more than three years before the death of the deceased, or if the
demand is not made within two years after the death.
(3.) The demand shall be made by the creditor delivering to the
Board of Trade an account in writing in a form approved by the
Board, stating the particulars of his demand and the place of his
abode, and signed by him and verified by a statutory declaration.
(4.) If before the demand is made, any claim to the property of
the deceased made by any person has been allowed, that Board
shall give notice to the creditor of the allowance of the claim.
(5.) If no claim has been allowed, the Board of Trade shall
investigate the creditor's account, and may for that purpose require
him to prove the same, and to produce all books, accounts, vouchers,
86
f57 & 58 VicT.] Merchant Shipping Act, 1894. [Cs. 60.]
satisfies the Board of Trade of the justice of the demand, either in

the whole or in part, the same shall be allowed and paid accord-
ingly, so far as the property then in the hands of the Board of
-
:and papers relating thereto ; and if by means of them the creditor A.D. 1894.
'Trade will extend for that purpose, and the Board of Trade shall
,thereby be discharged from all further liability in respect of money
.so paid ; but if the Board are not satisfied as to the claim, or
if such books, accounts, vouchers, or papers as aforesaid are not
produced, and sufficient reason is not given for their non-production,
the demand shall be disallowed.
(6.) In any case whatever the Board of Trade may delay the
investigation of any demand made by a creditor for the payment
of his debt for one year from the time of the first delivery of the
demand ; and if in the course of that time a claim to the property
'of the deceased is made by any person as widow, next of kin, or
legatee, and allowed by the Board of Trade under this Act, the
Board of Trade may pay and deliver the same to that person.
(7.) Where the property has been paid and delivered by the
Board of Trade to any person as a widow, next of kin, or legatee of
the deceased, whether before or after the demand made by` the
creditor, the creditor shall have the same rights and remedies
against that person as if he had received the property as the legal
personal representative of the deceased.
179. Where no claim to the property of a deceased seaman or Dealing with
apprentice received by the Board of Trade is substantiated within p permtyof
six years after the receipt thereof the Board may in their deceased
absolute discretion, if any subsequent claim is made, either allow seaman.
or refuse the claim, and, subject to the allowance of any such 45 & 46 Viet
claim, shall apply such property in manner provided by Part c. 99.
Twelve of this Act (relating to the Mercantile Marine Fund).
180. If any person, for the purpose of obtaining, either for Forgery of
himself or for any other person, any property of any deceased documents,&o.,
for purpose
seaman or apprentice to the sea service,- of obtaining
(a) forges or fraudulently alters, or assists in forging or fraudu- property of
lently altering, or procures to be forged or fraudulently altered eamen.t
any document purporting to show or assist in showing any
right to such property ; or
'(b) makes use of any document which has been so forged or
fraudulently altered as aforesaid ; or
(c) gives or assists in giving, or procures to be given, any false
evidence, knowing the same to be false ; or
(d) makes or assists in making, or procures to be made, any false
representation, knowing the same to be false ; or
(e) assists in procuring any false evidence or representation to
be given or made, knowing the same to be false,- -
that person shall for each offence be liable to penal servitude for a
term not exceeding five years, or to imprisonment for a term not
exceeding two years with or without hard labour, or on summary
conviction to imprisonment with or without hard labour for any
period not exceeding six months.
87
[Cfi. 60.] Merchant Shipping Act, 1894. [57 & 58 VicT.]
A.D. 1894. 181. Where a seaman invalided or discharged from any of Her
Majesty's ships is sent home in a merchant ship, and dies during
Property of the voyage, the provisions of this Act respecting the property
seamen d
charged from of deceased seamen shall apply, with this qualification, that the
Royal Navy. property shall be delivered, paid over, and disposed of in such
manner as the Accountant-General of Her Majesty's Navy directs.
Reimbursement of Relief to Seamen's Families.

Relief to sea- 182.-(1.) Whenever, during the absence of any seaman on a
men's families voyage, his wife, or any of his children or step-children, becomes
to be charge-
able on a chargeable to any union or parish in the United Kingdom, that
certain pro- union or parish shall be entitled to be reimbursed, out of the wages
portion of of the seaman earned during the voyage, any sums properly
their wages.
expended during his absence in the maintenance of those members
of his family or any of them, so that the sums do not exceed the
following proportions of his wages ; (that is to say,)
(a.) If only one of those members is chargeable, one half of the
wages :
(b.) If two or more of those members are chargeable, two thirds
of the wages.
(2.) If during the absence of the seaman any sums have been paid
by the owner of his ship to or on behalf of any such member as
aforesaid, under an allotment note made by the seaman in favour
of the member, any claim for reimbursement as aforesaid shall be
limited to the excess (if any) of the proportion of the wages herein-
before mentioned over the sums so paid.
Notice to
owner, and
183.-(1.) For the purpose of obtaining such reimbursement as
enforcement
aforesaid, the board of guardians in a poor law union in England
of charge. or Ireland, and the inspector of the poor in any parish in Scotland,
may give to the owner of the ship in which the seaman is serving a
notice in writing stating the proportion of the seaman's wages upon
which it is intended to make a claim, and requiring the owner
to retain such proportion in his hands for a period to be therein
mentioned, not exceeding twenty-one days from the time of the
seaman's return to his port of discharge, and also requiring the
owner immediately on the seaman's return to give notice in writing
thereof to the board or inspector.
(2.) The owner, after receiving any such notice, shall retain the
said proportion of wages, and give notice of the seaman's return
accordingly, and shall likewise give to the seaman notice of the
intended claim.
(3.) The board or inspector may, upon the seaman's return, apply
to a court of summary jurisdiction having jurisdiction in the
union or parish for an order for reimbursement; and that court
may make a summary order for the reimbursement to the whole
extent claimed, or to such lesser amount as the court, under the
circumstances, think fit ; and the owner shall pay to the board or
inspector out of the seaman's wages the amount so ordered to be
paid by way of reimbursement, and shall pay the residue of the
wages to the seaman.
88
[57 & 58 VICT.] Merchant Shipping Act, 1894. [CH. 60.1
(4.) If no order for reimbursement is obtained within the period A.D. 1894.
mentioned in the notice given to the owner as aforesaid, the pro-
portion of wages to be retained by him shall immediately on the
expiration of that period and without deduction be payable to the
seaman.
Destitute Seamen.
184.-(1.) If any person being a native of any country in Asia Penalty on
or Africa, or of any island in the South Sea or the Pacific Ocean, mastersof
ships leaving
or of any other country not having a consular officer in the United certain seamen
Kingdom, is brought to the United Kingdom in a ship, British in distress in
or foreign, as a seaman, and is left in the United Kingdom, and the United
Kingdom.
within six months of his being so left becomes chargeable upon
the poor rate, or commits any act by reason whereof he is liable to
be convicted as an idle and disorderly person, or any other act of
vagrancy, the master or owner of the ship, or in case of a foreign
ship the person who is consignee of the ship at the time of the
seaman being so left as aforesaid, shall be liable to a fine not exceed-
ing thirty pounds, unless he can show that the person left as a fore-
said quitted the ship without the consent of the master, or that
the master, owner, or consignee, has afforded him due means of
returning to his native country, or to the country in which he
was shipped.
(2.) The court inflicting the fine may order the whole or any
part of the fine to be applied towards the relief or sending home of
the person left.
185.-(1.) It shall be the duty of the Secretary of State in Relief of
Council of India to take charge of and send home or otherwise destitutelascars.
provide for all lascars or other natives of India who are found
destitute in the United Kingdom.
(2.) If any such destitute person is relieved and maintained by
a board of guardians in a poor law union in England or Ireland,
or by the inspector of the poor in any parish in Scotland, the board
or inspector may give notice thereof in writing to the Secretary
of State in Council of India specifying, so far as is practicable, the
following particulars; namely,-
(a.) The name of the person relieved or maintained ; and
(b) The part of India of which he professes to be a native ; and
(c.) The name of the ship in which he was brought to the
United Kingdom ; and
(d.) The port abroad from which the ship sailed, and the port
in the United Kingdom at which the ship arrived when he
was so brought to the United Kingdom, and the time of the
arrival.
(3.) The Secretary of State in Council of India shall repay to 4 Geo. c. so.
$44
the board of guardians or inspector out of the revenues of India s. will. 4.
all moneys duly expended by them or him in relieving or main- c. 93,
taming the destitute person after the time at which the notice is
given, and any money so paid or otherwise paid by the said
Secretary of State, on account of the relief or maintenance or
passage home of the destitute person, shall be a joint and several
89
[OH. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT.]
A.D. 1894. debt due to the said Secretary of State from the master and owner
of the ship by which the destitute person was brought to the
United Kingdom.
(4.) This section shall apply only to such lascars or other natives
of India as have been brought to the United Kingdom either as
seamen, or for employment as seamen, or for employment by the
owner of the ship bringing them.
Leaving Seamen Abroad.
Discharge of
seamen in
186.-(1.) In the following cases ; namely,-
foreign (a) where a British ship is transferred or disposed of at any
countries. port out of Her Majesty's dominions, and a seaman or appren-
tice belonging thereto does not in the presence of some British
consular officer, or, if there is no such officer there, in the
presence of one or more respectable British merchants re-
siding at the port and not interested in the ship, signify
his consent in writing to complete the voyage if continued,
and
(b) where the service of any seaman or apprentice belonging to
any British ship terminates at any port out of Her Majesty's
dominions,
the master shall give to that seaman or apprentice a certificate of
discharge in a form approved by the Board of Trade, and in the
case of any certificated officer whose certificate he has retained
shall return such certificate to him.
(2.) The master shall also besides paying the wages to which the
seaman or apprentice is entitled, either-
(a) provide him with adequate employment on board some other
British ship bound to the port in Her Majesty's dominions at
which he was originally shipped, or to a port in the United
Kingdom agreed to by the seaman, or
(b) furnish the means of sending him back to some such port, or
(c) provide him with a passage home, or
(d) deposit with the consular officer or merchants as aforesaid
such a sum of money as is by the officer or merchants deemed
sufficient to defray the expenses of his maintenance and passage
home.
(3.) The consular officer or merchants shall endorse upon the
agreement with the crew of the ship which the seaman or apprentice
is leaving the particulars of any payment, provision, or deposit
made under this section.
(4.) If the master fails, without reasonable cause, to comply with
any requirement of this section, the expenses of maintenance or
passage home,-
(a) if defrayed by the seaman or apprentice shall be recoverable
as wages due to him ; and
(b) if defrayed by the consular officer or by any other person
shall (unless the seaman or apprentice has been guilty of
barratry) be a charge upon the ship to which the seaman or
apprentice belonged and upon the owner for the time being:,
thereof and may be recovered against the owner, with costs;
at the suit of the consular officer or other person defraying the
90
[57 & 58 VicT.] Merchant Shipping Act, 1894. Nil. 60.1
expenses, or, in case they have been allowed to him out of A.D. 1894.
public money, as a debt to the Crown, either by ordinary
process of law, or in the manner in which wages can be
recovered under this Act.
187. The master of, or any other person belonging to, a British Penalty for
ship, shall not wrongfully force on shore and leave behind, or other- forcing seamen
on shore or
wise wilfully and wrongfully leave behind, in any place on shore leaving them
or at sea, in or out of Her Majesty's dominions, a seaman or behind.
apprentice to the sea service before the completion of the voyage
for which he was engaged or before the return of the ship to the
United Kingdom, and if he does so, he shall in respect of each
offence be guilty of a misdemeanor.
188.-(1.) The master of a British ship shall not discharge a Seamen not to
seaman or apprentice to the sea service abroad, or leave him be discharged
or left abroad
behind abroad, ashore, or at sea, unless he previously obtains, unless sanetior
endorsed on the agreement with the crew, the sanction, or in the or certificate
case of leaving behind the certificate- obtained.
(a) at any place in a British possession of a superintendent (or
in the absence of any such superintendent of the chief officer
of customs at or near the place) ; and
(b) at any place elsewhere of the British consular officer for the
place, or, in the absence of any such officer, of two merchants
resident at or near the place, or, if there is only one merchant
so resident, of that merchant,
but nothing in this section shall require such sanction where the
discharge is in the British possession where the seaman was shipped.
(2.) The certificate shall state in writing the fact and cause of
the seaman being left behind whether the cause be unfitness or
inability to proceed to sea, desertion, or disappearance.
(3.) The person to whom an application is made for a sanction
or certificate under this section may, and, if not a merchant, shall,
examine into the grounds on which a seaman or apprentice is to
be discharged or left abroad, and for that purpose may, if he thinks
fit, administer oaths, and may grant or refuse the sanction or
certificate as he thinks just.
(4.) If a master acts in contravention of this section, he shall be
guilty of a misdemeanor, and in any legal proceeding for the offence
it shall lie on the master to prove that the sanction or certificate
was obtained, or could not be obtained.
189.-(1.) Where a master of a British ship leaves a seaman Accounts and
of
or apprentice on shore abroad, whether within or without Her payment wages in case
Majesty's dominions, on the ground of his unfitness or inability to of seamen left
proceed on the voyage, he shall deliver to the person signing the abroad.
certificate above rnentioned, a full and true account of the wages
due to the seaman or apprentice, and if the said person is a consular
officer shall deliver the account in duplicate.
(2.) If a master fails without reasonable cause to deliver the
account he shall for each offence be liable to a fine not exceeding
ten pounds, and if he delivers a false account he shall for each
offence be liable to a fine not exceeding twenty pounds, in addition
in ,each case to the payment of the wages,
91
[Ca. 60.] Merchant Shipping Act, 1894. [57 & 58 Vicr.]
!A.D. 1894. (3.) The master shall pay the amount of wages due to a seaman
or apprentice so left abroad as aforesaid, if he is left in a British
possession to the seaman or apprentice himself, and if he is left
elsewhere to the British consular officer.
(4.) The payment shall be made, whenever it is practicable, in
money, and, when not so practicable, by bill drawn on the owner of
the ship, but if payment is made by bill-
.(a) the person signing the certificate shall certify by endorse-
ment on the bill that the same is drawn for seamen's wages,
and shall also endorse on the agreement with the crew, the
amount for which the bill is drawn, and such further particulars
as the Board of Trade require ;
(b) if the bill is drawn by the master, the owner of the ship
shall be liable to pay the amount to the holder or endorsee
thereof ; and it shall not be necessary in any proceeding
against the owner upon the bill to prove that the master had
authority to draw it;
(c) a bill purporting to be drawn and endorsed under this section,
shall if produced out of the custody of the Board of Trade or
of the Registrar-General of Shipping and Seamen, or of any
superintendent' be admissible in evidence ; and any endorse-
ment on any such bill purporting to be made in pursuance of
this section shall also be admissible as evidence of the facts
stated in the endorsement.
(5.) If a master fails, without reasonable cause, to make such
payment of wages as provided by this section, he shall for each
offence be liable in addition to the payment of the wages to a fine
not exceeding ten pounds.
(6.) Where payment is made to a British consular officer, that
officer shall, if satisfied with the account, endorse on one of the
duplicates thereof a receipt for the payment, and return it to the
master, and the master shall deliver the duplicate within forty-
eight hours of his return to his port of destination in the United
Kingdom to the superintendent at that port.
(7.) The British consular officer shall retain the other duplicate
of the account, and shall deal with the sum so paid to him in the
following manner ; namely,-
(a.) If the seaman or apprentice subsequently obtains employ-
ment at or quits the port at which the payment has been made,
he shall deduct out of the sum any expenses incurred by him
in respect of the maintenance of the seaman or apprentice under
this Act, except such as the owner or master is by this Act
required to defray, and shall pay the remainder to the seaman
or apprentice, and deliver to him an account of the sums so
received and expended on his behalf ;
(b.) If the seaman or apprentice dies before his ship quits the
port, he shall deal with the sum as part of the property of a
deceased seaman ; and
(c.) If the seaman or apprentice is sent home at the public
expense under this Act, he shall account for the sum to the
Board of Trade ; and the sum, after deducting any expenses
duly incurred in respect of the seaman or apprentice, except
92
such expenses as the master or owner of the ship is required A.D. 1894.
by this Act to pay, shall be dealt with as wages of the seaman
or apprentice.
-
Distressed Seamen.
190. The Board of Trade may make regulations with respect Regulations
to the relief, maintenance, and sending home of seamen and as to relief and
maintenance of
apprentices found in distress abroad, and may, by those regulations distressed
(in this Act referred to as the distressed seamen regulations) make seamen.
such conditions as they think fit with regard to that relief,
maintenance, and sending home, and a seaman shall not have any
right to be relieved, maintained, or sent home except in the cases
and to the extent and on the conditions provided by those
regulations.
191.-(1.) The following authorities, that is to say, governors Provisions for
of British possessions, British consular officers, and other officers maintenance
and relief of
of Her Majesty in foreign countries shall, and, in places where distressed
there are no such officers, any two resident British merchants, or seamen.
if there is only one British merchant so resident that merchant,
may in accordance with and on the conditions prescribed by the
distressed seamen regulations, provide for the maintenance, until
a passage home can be procured, of the following seamen and
apprentices (who are in this Act included in the term distressed
seamen) ; namely,-
(a.) Seamen and apprentices to the sea service, whether subjects
of Her Majesty or not, who by reason of having been dis-
charged or left behind abroad or shipwrecked from any British
ship, or any of Her Majesty's ships, are in distress in any
place abroad ; and
(b.) Seamen and apprentices to the sea service, being subjects of
Her Majesty, who have been engaged by any person acting
either as principal or agent to serve in a ship belonging to
the Government or to a subject or citizen of a foreign country,
and are in distress in any place abroad.
(2.) For the purpose of providing a distressed seaman with a
passage home, the authority shall put him on board a British ship
bound either to the United Kingdom or to the British possession
to which the seaman belongs (as the case requires), which is in want
of men to make up its complement; or if there is no such ship, then
the authority shall provide the seaman with a passage home as
soon as possible in any ship, British or foreign, bound as aforesaid.
(3.) The authority shall endorse on the agreement with the crew
of the ship, if a British ship, on board of which a distressed seaman
is placed, the name of every person so placed on board with any
particulars directed by the distressed seamen regulations to be
endorsed.
(4.) The authority shall be paid in respect of the expenses of the
maintenance and conveyance of distressed seamen such sums as
the Board of Trade may allow, and those sums shall, on the pro-
duction of the bills of disbursements, with the proper vouchers,
be paid as herein-after provided.
93
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT.1
A.D. 1894. 192.-(1.) The master of every British ship so bound as afore-
said shall receive on board his ship, and afford a passage and
Masters of
ships compelled
maintenance to all distressed seamen whom he is required under
to take dis- this Act to take on board his ship, not exceeding one for every
tressed seamen. fifty tons burden, and shall during the passage provide every such
distressed seaman with a proper berth or sleeping place, effectually
protected against sea and weather.
(2.) On the production of a certificate, signed by the authority
by whose directions any such distressed seaman was received on
board, specifying the number and names of the distressed seamen
and the time when each of them was received on board, and on a
declaration made by the master before a justice of the peace, and
verified by the Registrar-General of Shipping and Seamen, stating
the number of days during which each distressed seaman has
received maintenance, and stating the full complement of his crew
and the actual number of seamen and apprentices employed on
board his ship, and every variation in that number, whilst the
distressed seaman received maintenance, the master shall be
entitled to be paid, in respect of the maintenance and passage of
every seaman or apprentice so conveyed, maintained, and provided
for by him, exceeding the number (if any) wanted to make up the
complement of his crew, such sum per diem as the Board of Trade
allow.
(3.) If any master of a British ship fails without reasonable
cause to comply with this section in the case of any seaman or
apprentice, he shall for each offence be liable to a fine not,
exceeding one hundred pounds.
Recovery of 193.-(1.) Where any expenses on account of any such distressed
expenses of
relief of dis-
seaman or apprentice as follows ; namely;
tressed seamen. (a) any seaman or apprentice belonging to a British ship, who,
has been discharged or left behind abroad, without full corn-
pliance on the part of the master with the provisions in that
behalf in this Act contained;
(b) a subject of Her Majesty, who has been engaged to serve in
a ship belonging to the Government or to a subject or citizen
of a foreign country,
either for his maintenance, necessary clothing, conveyance home,,
or, in case of death, for his burial, or otherwise in accordance with
this Act are incurred by or on behalf of the Crown, or are incurred
by the Government of a foreign country, and repaid to that
Government by or on behalf of the Crown, those expenses, together
with the wages, if any, due to the seaman or apprentice, shall be
a charge upon the ship, whether British or foreign, to which such
distressed seaman or apprentice belonged, and shall be a debt to
the Crown from the master of the ship, or from the owner of the
ship for the t;me being, and also, if the ship be a foreign ship, from
the person, whether principal or agent, who engaged the seaman or
apprentice for service in the ship.
(2.) The debt, in addition to any fines which may have been
incurred, may be recovered by the Board of Trade on behalf of
the Crown either by ordinary process of law, or in the court and._
manner in which wages may be recovered by seamen.
94
(3.) In any proceeding for such recovery the production of the A.D. 1894.
account (if any) of the expenses furnished in accordance with this
Act or the distressed seamen regulations, and proof of payment
of the expenses by or on behalf of the Board of Trade, shall be
-
sufficient evidence that the expenses were incurred or repaid under
this Act by or on behalf of the Crown.
194. All expenses paid under this Act by or on behalf of the Payment of
expenses out
Crown for the relief of distressed seamen, shall be paid out of the of Mercantile
Mercantile Marine Fund, and all sums received or recovered Marine Fund.
towards those expenses shall be carried to that fund.
Volunteering into the Navy.

195.-(1.) A seaman may leave his ship for the purpose of Seamen allowed to
forthwith entering the naval service of Her Majesty, and in that ao the
case shall not by reason of so leaving his ship be deemed' to have ships in order
deserted. therefrom, or otherwise be liable to any punishment or to enter the
Navy.
forfeiture whatever.
(2.) A stipulation introduced into any agreement whereby a
seaman is declared to incur a forfeiture or be exposed to a loss in
case he enters the naval service of Her Majesty shall be void, and
if a master or owner causes any such stipulation to be so intro-
duced he shall for each offence be liable to a fine not exceeding
twenty pounds.
196.-(1.) If a seaman, without having previously committed Money ofand
an act amounting to and treated by the master as desertion, leaves effects sea a
his ship in order to enter the naval service of Her Majesty, and is volunteering
received into that service, the master shall deliver to him his into Navy.
effects on board the ship, and shall pay, subject to all just deduc-
tions, the proportionate amount of his wages down to the time
of his entering Her Majesty's service, to the officer authorised to
receive the seaman into that service, either in money or by bill
drawn upon the owner, and payable at sight to the order of the
Accountant-General of the :Navy; and the .receipt of that officer
shall be a discharge for the money or bill so given ; and the bill
shall be exempt from stamp duty.
(2.) If the master fails so to deliver the seaman's effects, or to
pay his wages, as by this section required, he shall, in addition to
his liability to deliver and pay the same, be liable for each offence
to a fine not exceeding twenty pounds.
(3.) If any such bill be not duly paid when presented, the
Accountant-General of the Navy or the seaman on whose behalf the
bill is given, may sue thereon, or may recover the wages due by
all or any of the means by which wages due to seamen are'
recoverable.
197.-(1.) Where the wages of a seaman received into Her Wages of
Majesty's naval service are paid in money, the money shall be seamen re-
ceived into
account of the seaman.
credited in the ship's ledger to the Navy.
(s.) Where the wages are paid by bill, the bill shall- be noted in
-General of the Navy,
the ship's ledger, and sent to the Accountant
95
[Cs. 60.] Merchant Shipping Act, 1894. [57 & 58 VicT.]
A.D. 1894. who shall cause the same to be presented for payment, and shall
credit the produce thereof to the account of the seaman.
(3.) An officer who receives any such bill shall not be subject to
any liability in respect thereof, except for the safe custody thereof
until sent to the Accountant-General as aforesaid.
(4.) The wages of the seaman shall not be paid to him until the
time at which he would have been entitled to receive the same if
he had remained in the service of the ship which he has quitted
for the purpose of entering Her Majesty's service.
(5.) If the owner or master of the ship shows to the satisfaction
of the Admiralty, that he has paid or properly rendered himself
liable to pay, an advance of wages to or on account of the seaman,
and has satisfied that liability, and that the seaman has not at the
time of quitting his ship duly earned the advance by service
therein, the Admiralty may pay to the owner or master so much
of the advance as had not been duly earned, and deduct the sum
so paid from any wages of the seaman earned or to be earned in the
naval service of Her Majesty.
(6.) Where in consequence of a seaman so leaving his ship and
entering Her Majesty's service, it becomes necessary for the safety
and proper navigation of the ship to engage any substitute, and the
wages or other remuneration paid to the substitute for subsequent
service exceed the wages or remuneration which would have been
payable to the seaman under his agreement for similar service, the
master or owner of the ship may apply to the High Court for a
certificate authorising the repayment of the excess, and the appli-
cation shall be made and the certificate granted in accordance with
rules of court.
(7.) The certificate shall be sent to the applicant or his solicitor or
agent, and a copy thereof shall be sent to the Accountant-General
of the Navy ; and the Accountant-General shall, upon delivery to
him of the original certificate together with a receipt in writing
purporting to be a receipt from the applicant, pay to the person
delivering the certificate, out of the moneys granted by Parliament
for Navy services, the amount mentioned in the certificate ; and the
certificate and receipt shall absolutely discharge the Accountant-
General and Her Majesty from all liability in respect of the moneys
so paid or of the application thereof.
(8.) If any person in making or supporting any application
under this section-
(a) forges or fraudulently alters, or assists in forging or fraudu-
lently altering, or procures to be forged or fraudulently
altered, any document ; or
(b) presents or makes use of any document so forged or fraudu-
lently altered ; or
(c) gives, assists in giving, or procures to be given, any false
evidence, knowing the same to be false; or
(d) makes, assists in making, or procures to be made, any false
representation, knowing the same to be false,
that person shall in respect of each offence be guilty of a mis-
demeanor.
96
[57 & 58 VICT.] Merchant Shipping Act, 1894. 60.]
-
[CH.
A.D. 1894.
Provisions, Health, and Accommodation.
198.-(1.) If three or more of the crew of a British ship Complaints as
consider that the provisions or water for the use of the crew are at to provisions
or water.
any time of bad quality, unfit for use, or deficient in quantity, they
may complain thereof to any of the following officers, namely, an
officer in command of one of Her Majesty's ships, a British consular
officer, a superintendent, or a chief officer of customs, and the officer
may either examine the provisions or water complained of or cause
them to be examined.
(2.) If the officer, or person making the examination, finds that
the provisions or water are of bad quality and unfit for use, or
deficient in quantity, he shall signify it in writing to the master of
the ship, and if the master of the ship does not thereupon provide
other proper provisions or water in lieu of any so signified to be of
bad quality and unfit for use, or does not procure the requisite
quantity of any provisions or water so signified to be deficient in
quantity, or uses any provisions or water so signified to be of bad
quality and unfit for use, he shall for each offence be liable to a fine
not exceeding twenty pounds.
(3.) The officer directing, or the person making, the examination
shall enter a statement of the result of the examination in the
official log-book, and send a report thereof to the Board of Trade,
and that report shall be admissible in evidence in manner provided
by this Act.
(4.) If the said officer certifies in that statement that there was
no reasonable ground for the complaint, each of the complainants
shall be liable to forfeit to the owner out of his wages a sum not
exceeding one week's wages.
199. In either of the following cases ; (that is to say,) Allowance for
(i) if during a voyage the allowance of any of the provisions for short sor bad
which a seaman has by his agreement stipulated is reduced
(except in accordance with any regulations for reduction by
way of punishment contained in the agreement with the crew,
and also except for any time during which the seaman wilfully
and without sufficient cause refuses or neglects to perform his
duty, or is lawfully under confinement for misconduct either
on board or on shore) ; or
(ii) if it is shown that any of those provisions are or have
during the voyage been bad in quality and unfit for use;
the seaman shall receive, by way of compensation for that reduc-
tion, or bad quality, according to the time of its continuance, the
following sums, to be paid to him in addition to, and to be recover-
al le as, wages ; (that is to say,)
(a) if his allowance is reduced by not more than one third of
the quantity specified in the agreement, a sum not exceeding
fourpence a day :
(b) if his allowance is reduced by more than one third of that
quantity, eightpence a day :
(c) in respect of bad quality as aforesaid, a sum not exceeding
one shilling a day :
Gr 97
A.D. 1894. But if it is shown to the satisfaction of the court before whom the
case°is tried that any provisions, the allowance of which has been
reduced, could not be procured or supplied in proper quantities, and
that proper and equivalent substitutes were supplied in lieu thereof,
the court shall take those circumstances into consideration, and
shall modify or refuse compensation as the Justice of the case
requires.
Regulations 200.-(1.) The Board of Trade shall issue scales of medicines
respecting and medical stores suitable for different classes of ships and voyages,
medici ' also prepare or sanction books containing instructions for
-scorU utics, and shall
Sae. dispensing the same.
(2.) The owner of every ship navigating between the United
Kingdom and any place out of the same shall provide and cause to
be kept on board a supply of medicine and medical stores accord-
ing to the scale appropriate to the ship, and also the said books or
one of them.
(3.) The master or owner of every such ship, except in the
case of-
(a) ships bound to European ports or ports in the Mediterranean
Sea ; and
(b) such ships or classes of ships bound to ports on the eastern
coast of America, north of the thirty-fifth degree of north
latitude, and to any islands or places in the Atlantic Ocean
north of the same limit as the Board of Trade may exempt ;
shall provide and cause to be kept on board a sufficient quantity
of anti-scorbutics in accordance with the regulations in the Fifth
Schedule to this Act, and those regulations shall have effect as part
of this section, and the master shall serve out the anti-scorbutics
to the crew according to the said regulations, and if a seaman or
apprentice refuses or neglects to take the anti-scorbutics when served
out, that fact shall be entered in the official log-book, and the entry
shall be signed by the master and by the mate or some other of
the crew, and also by the medical practitioner on board if any.
(4.) If any requirement of this section with respect to the pro-
vision of medicines, medical stores, book of instruction, or anti-
scorbutics is not complied with in the case of any ship, the owner
or master of that ship shall, for each offence, be liable to a fine
not exceeding twenty pounds, unless he can prove that the non-
compliance was not caused through his inattention, neglect, or
wilful default.
(5.) If any requirement of this section with respect to the
serving out of anti-scorbutics or making an entry in the official
log-book is not complied with in the case of any ship to which
the requirement applies, the master of the ship shall, for each
offence, be liable to a fine not exceeding five pounds, unless he
,can prove that the non-compliance did not arise through any
neglect,
11
omission, or wilful default on his part.
(6.) If it is proved that some person, other than the master or
owner, is in default in any case under this section, that person
shall, for each offence, be liable to a fine not exceeding twenty
pounds.
98
(7.) If any person manufactures, sells, or keeps, or offers for sale A.D. 1894.
any medicines or medical stores for use on board ship which are
of bad quality, he shall, for each offence, be liable to a fine not
exceeding twenty pounds.
201.-(1.) The master of a ship shall keep on board proper weights and
easures on
weights and measures for determining the quantities of the several board.
provisions and articles served out, and shall allow the same to
be used at the time of serving out the provisions and articles in
the presence of a witness whenever any dispute arises about the
quantities.
comply with this section, lie shall for each offence be liable to a
fine not exceeding ten pounds.
202.-(1.) It shall be the duty of the medical inspector of ships inspection of
for the port appointed under this Part of this Act to inspect the medical stores
medicines, medical stores, and anti-scorbutics with which a ship is and anti-scor-
required by this Part of this Act to be provided. butics.
(2.) For the purpose of that inspection a medical inspector of
ships shall have all the powers of a Board of Trade inspector
under this Act, and shall act, if appointed by a local marine
board, under the direction of that board (except in special cases
in which the Board of Trade require an inspection to be made),
and, if appointed by the Board of Trade, under the direction of
the Board of Trade.
(3.) The medical inspector of ships shall make his inspection three
clear days at least before the ship proceeds to sea, if reasonable
notice in writing for the purpose is given to him by the master,,
owner, or consignee, and, where the result of the inspection is
satisfactory, shall not make another inspection before the ship
proceeds to sea, unless he has reason to suspect that any of the
articles inspected have been subsequently removed, injured, or
destroyed.
(4.) If the medical inspector of ships is of opinion that the articles
inspected are deficient in quantity or quality, o are placed in
improper vessels, he shall give notice in writing to the chief officer
of customs of the port where the ship is lying, and also to the
master, owner, or consignee thereof, and the master of the ship
before proceeding to sea shall produce to the chief officer of customs
a certificate under the hand of the same or some other medical
inspector of ships, that the default found by the inspector has been
remedied, and if that certificate is not so produced, the ship shall
be detained until the certificate is produced and if the ship proceeds
to sea, the owner, master, or consignee of the ship shall, for each
offence, be liable to a fine not exceeding twenty pounds.
203.-(1.) A medical inspector of seamen appointed under this Medical in
spection of
Part of this Act shall, on application by the owner or master of
any ship, examine any seaman applying for employment in that
seamen.
ship, and give to the superintendent a report under his hand

stating whether the seaman is in a fit state for duty at sea, and a
copy of the report shall be given to the master or owner.
G 2 99
[CH. 60.1 Merchant Shipping Act, 1894. [57 & 58 VIcT]
A.D. 1894. (2.) The applicant for that medical examination shall pay to the
superintendent such fees as the Board of Trade direct, and those
fees shall be paid into the Mercantile Marine Fund.
Appointment
of medica
204.-(1.) The local marine board at a port may, upon being
spec orsl required by the Board of Trade to do so, appoint and remove a
medical inspector of ships for the p:ut, and subject to the control
of the Board of Trade may fix his remuneration, and at any port
where there is no local marine board, the Board of Trade may
appoint and remove a medical inspector of ships and nay fix his
remuneration.
(2.) The local marine board and at a port where there is no
such local marine board the Board of Trade, may appoint and
remove a medical inspector of seamen, and that inspector shall be
paid out of the mercantile marine fund such remuneration as the
Board of Trade direct.
Appointment 205. The governor of a British possession shall have the power
of medical in that possession-
inspector, and
regulations as (a) of appointing medical inspectors of seamen, of charging fees
to supply of for medical examinations by those inspectors, and of determining
inncolonies. s
colonies. the remuneration to be paid to those inspectors; and,
(b) subject to the laws of that possession, to make regulations
concerning the supply in that possession of anti-scorbutics for
the use of ships, and anti-scorbutics duly supplied in accord-
ance with those regulations shall be deemed to be fit and
proper for the use of ships.
Inspection of 206.--(1.) In the case of ships trading or going from any port'
provisions and of the United Kingdom through the Suez Canal, or round the Cape
water for crew of Good Hope or Cape Horn, the barrels of beef and pork, the
of certain
.ships. preserved meat and vegetables in tins, and the casks of flour or
biscuits, intended for the use of the crew of any such ship shall be
inspected by such officer and in such manner as rules under this
section direct, but before shipment whenever practicable, and, if in
the opinion of the inspecting officer they are fit for that use, that
officer shall certify the same accordingly in manner directed by
such rules.
(2.) The inspecting officer may at any time proceed on board any
such ship to ascertain whether the stores and water provided have
been duly inspected, or, if not, whether they are of a quality fit for
the use of the crew of the ship, and if he finds the same not to have
been inspected, and to be deficient in quality, the ship shall be
detained until the defects are remedied to his satisfaction.
(3.) No fee for an inspection under this section shall be levied
on the ship.
(4.) The Board of Trade may make rules for carrying into effect
this section, but all such rules shall be laid before Parliament
within three weeks after they are made, if Parliament be then
sitting, and if Parliament be not then sitting, within three weeks
after the beginning of the then next meeting of Parliament, and
shall not come into operation until they have lain for forty days
before both Houses of Parliament during the session of Parliament.
100
[57 & 58 Vim] Merchant Shipping Act, 1894. [Cu. 60.]
any inspection under this section, and may, with the concurrence
of the Treasury, assign them remuneration to be paid out of moneys
provided by Parliament.
-
(5.) The Board of Trade may appoint officers for the purposes of A.D. 1894.
207.-(1.) If the master of, or a seaman or apprentice belonging Expenses of

to, a ship receives any hurt or injury in the service of the ship, medical
ce in
the expense of providing the necessary surgical and medical advice case of illness.
and attendance and medicine, and also the expenses of the main-
tenance of the master, seaman, or apprentice until he is cured,
or dies, or is brought back, if shipped in the United Kingdom,
to a port of the United Kingdom, or if shipped in a British
possession to a port of that possession, and of his conveyance to
the port, and in case of death the expense (if any) of his burial,
shall be defrayed by the owner of the ship, without any deduction
on that account from his wages.
(2.) If the master or a seaman or apprentice is on account of
any illness temporarily removed from his ship for the purpose of
preventing infection, or otherwise for the convenience of the ship,
and subsequently returns to his duty, the expense of the removal
and of providing the necessary advice and attendance and medicine
and of his maintenance while away from the ship shall be defrayed
in like manner.
(3.) The expense of all medicines, surgical and medical advice,
and attendance, given to a master, seaman, or apprentice whilst on
board his ship shall be defrayed in like manner.
(4.) If a seaman or apprentice is ill and has, through the neglect
of the master or owner of the ship, not been provided with proper
provisions and water according to his agreement, or with such
medicines, medical stores, anti-scorbutics, or accommodation, as.
are required by this Act, then the owner or master, unless it can
be proved that the illness has been produced by other causes,
shall be liable to pay all expenses (not exceeding on the whole
three munths wages) properly and necessarily incurred by reason
.of the illness either by the seaman himself or by the Crown or
any parochial or local authority on his behalf, and those expenses
may be recovered as if they were wages duly earned, but this
provision shall not affect any further liability of the master or
owner for the neglect, or any other remedies possessed by the
(5.) In all other cases any reasonable expenses duly incurred by
the owner for any seaman in respect of illness, and also any
reasonable expenses duly incurred by the owner in respect of the
burial of any seaman or apprentice who dies whilst on service,
shall, if duly proved, be deducted from the wages of the seaman or
apprent;ce.
208.-(1.) If any of the expenses attendant on the illness, hurt, Recovery of
or injury of a seaman or apprentice, which are to be paid under expenses from
this Act by the master or owner, are paid by any British consular owner.
officer or other person on behalf of the Crown, or if any other

expenses in respect of the illness, hurt, or injury of any seaman or
apprentice whose wages are not accounted for under this Act to
101
[Cft. 60.] Merchant Shipping Act, 1894. [57 & 58 VtCT]
that officer, areso paid, those expenses shall be repaid to the officer
--
A.1). 1894.
or other person by the master of the ship.
(2.) If the expenses are not so repaid, the amount thereof shall
with costs be a charge upon the ship, and be recoverable from the
master or from the owner of the ship for the time being, as a debt
to the Crown, either by ordinary process of law or in the same
court and manner as wages due to seamen.
(3) In any proceeding for such recovery, a certificate of the
facts, signed by the said officer or other person, together with such
vouchers (if any) as the case requires, shall be sufficient proof that
the said expenses were duly paid by that officer or other person.
Certain ships
to carry
209.-(1.) Every foreign-going ship, having one hundred persons
mfioners.
or upwards on board, shall carry on board as part of her com-
element some duly qualified medical practitioner, and if she does
plement
not the owner shall for every voyage of-the ship made without a
duly qualified medical practitioner be liable to it fine not exceeding
one hundred pounds.
(2.) Nothing in this section shall apply to an emigrant ship
within the meaning of the Third Part of this Act.
Accommoda- 210.-(1.) Every place in any British ship occupied by seamen
tion for or apprentices, and appropriated to their use, shall have for each of
seamen,
those seamen or apprentices a space of not less than seventy-two
cubic feet, and of not less than twelve superficial feet measured on
the deck or floor of that place, and shall be subject to the regula-
tions in the Sixth Schedule to this Act, and those regulations shall
have effect as part of this section, and if any of the foregoing
requirements of this section is not complied with in the case of
any ship, the owner of the ship shall for each offence be liable to a
fine not exceeding twenty pounds.
(2.) Every place so occupied and appropriated shall be kept free
from goods and stores of any kind not being the personal property
of the crew in use during the voyage, and if any such place is not
so kept free, the master shall forfeit and pay to each seaman or
apprentice lodged in that place the sum of one shilling for each
day during which, after complaint has been made to him by any
two or more of the seamen so lodged, it is not so kept free.
(3.) Such fees as the Board of Trade fix shall be paid in respect
of an inspection for the purposes of this section, not exceeding the
fees specified in the Sixth Schedule to this Act.
Facilities for making Complaint.

Facilities for 211.-(L) If a seaman or apprentice whilst on board ship states
making com- to the master of the ship his desire to make a complaint to a
plaint.
justice of the peace, British consular officer, or officer in command
of one of Her Majesty's ships, against the master or any of the
crew, the master shall, so soon as the service of the ship will
permit,-
(a) if the ship is then at a place where there is such a justice
or officer as aforesaid, after such statement, and
102
at such a place,
allow the complainant to go ashore or send him ashore in proper
custody, or, in the case of complaint to a naval officer, to the ship
-
(b) if the ship is not then at such a place, after her first arrival A.D. 1894.
of such officer, so that he may be enabled to make his complaint.

fine not exceeding ten pounds.
Protection of Seamen from Imposition.
212. Subject to the provisions of this Act an assignment or sale Assignment or
of salvage
of salvage payable to a seaman or apprentice to the sea service saleinvai
made prior to the accruing thereof shall not bind the person making
the same ; and a power of attorney or authority for the receipt of
any such salvage shall not be irrevocable. No debt ex-
213. A debt exceeding in amount five shillings incurred by any seeding 5s.
seaman after he is engaged to serve shall not be recoverable until recoverable
end
the service agreed for is concluded, vloyage.of
214.--(1.) A local authority herein-after mentioned whose Seamen's
district includes a seaport may, with the approval of the Board of lodging-
houses.
Trade, make byelaws relating to seamen's lodging-houses in their
district, and those byelaws shall be binding upon all persons
keeping houses in which seamen are lodged and upon the owners
thereof and persons employed therein.
(2.) The byelaws shall. amongst other things provide for the
licensing, inspection, and sanitary conditions of seamen's lodging-
houses, for the publication of the fact of a house being licensed, for
the due execution of the byelaws, for preventing the obstruction
of persons engaged in securing that execution, for the preventing
of persons not duly licensed holding themselves out as keeping or
purporting to keep licensed houses, and for the exclusion from
licensed houses of persons of improper character, and shall impose
sufficient fines not exceeding fifty pounds for the breach of any
byelaw.
(3.) The byelaws shall come into force from a date therein
named, and shall be published in the London Gazette and in one
newspaper at the least circulating in the district, and designated
by the Board of Trade.
(4.) If the local authority do not within a time in each case
named by the Board of Trade make, revoke, or alter, any byelaws
under this section, the Board of Trade may do so.
(5.) Whenever Her Majesty in Council orders that in any
district or any part thereof none but persons duly licensed in pur-
suance of byelaws under this section shall keep seamen's lodging-
houses or let lodgings to seamen from a date therein named, a
person acting in contravention of that order shall for each offence
be liable to a fine not exceeding one hundred pounds.
(6) A local authority may defray all expenses incurred in the
execution of this section out of any funds at their disposal as
sanitary authority, and fines recovered for a contravention of this
section or of any byelaw under this section shall be paid to such
authority and added to those funds.
103
[Ca. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT.]
A.D. 1894. (7.) In this section the expression " local authority " means in
the administrative county of London the county council, and
elsewhere in England the local authority under the Public Health
30 & 31 Viet. Acts, and in Scotland the local authority under the Public Health
0.101. (Scotland) Act, 1867, and the Acts amending the same, and in
41 & 42 Viet. Ireland the local authority under the Public Health (Ireland) Act,
e. 52. 1878, and the expression " district " means the area under the
authority of such local authority.
Penalty for 215. If a person demands or receives from a seaman or
oernghoasey apprentice to the sea service payment in respect of his board or
keepers. lodging in the house of that person for a longer period than the
seaman or apprentice has actually resided or boarded therein, that
person shall for each offence be liable to a fine not exceeding ten
pounds.
Penalty for 216.-(1.) If a person receives or takes into his possession or
detaining sea- under his control any money or effects of a seaman or apprentice
,Hen's effects.
to the sea service, and does not return the same or pay the value
thereof, when required by the seaman or apprentice, subject to
such deduction as- may be justly due to him from the seaman or
apprentice in respect of board or lodging or otherwise, or absconds
therewith, he shall for each offence be liable to a fine not exceeding
ten pounds.
(2.) A. court of summary jurisdiction may, besides inflicting a
fine, by summary order direct the amount of the money, or the
value of the effects, subject to such deduction as aforesaid (if any),
or the effects themselves, to be forthwith paid or delivered to the
Penalty for 217. If within twenty-four hours after the arrival of a ship at
solicitations by
lodging-house
a port in the United Kingdom, a person then beingb on board the
keepers. ship solicits a seaman to become a lodger at the house of a person
letting lodgings for hire, or takes out of the ship any effects of a
seaman, except under the personal direction of the seaman, and
with the permission of the master, he shall for each offence be
Penalty for 218. Where a ship is about to arrive, is arriving, or has arrived
being on board at the end of her voyage, and any person, not being in Her
ship without
permission Majesty's service or not being duly authorised by law for the
before seamen purpose,-
leave. (a) goes on board the ship, without the permission of the
master, before the seamen lawfully leave the ship at the
end of their engagement, or are discharged (whichever last
happens) ; or,
(b) being on board the ship, remains there after being warned
to leave by the master, or by a police officer, or by any officer
of the Board of Trade or of the customs,
that person shall for each offence be liable to a fine not exceeding
twenty pounds, or, at the discretion of the court, to imprisonment
for any term not exceeding six months; and the master of the ship
or any officer of the Board of Trade may take him into custody,
and deliver him up forthwith to a constable to be taken before a
court capable of taking cognizance of the offence.
104
219. Whenever it is made to appear to Her Majesty that the A.D. 1894.
Government of a foreign country-
(a) has provided that unauthorised persons going on board Application of
ones of
British ships which are about to arrive or have arrived within previous see-
its territorial jurisdiction shall be subject to provisions similar tiou to foreign
to those of the last preceding section which are applicable to ships.
persons going on board British ships at the end of their
voyages ; and
(b) is desirous that the provisions of the said section shall apply
to unauthorised persons going on board ships of that foreign
country within British territorial jurisdiction,
Her Majesty in Council may order that those provisions shall
apply to the ships of that foreign country, and have effect as if the
ships of that country arriving, about to arrive, or having arrived at
the end of their voyage, were British ships.
Provisions as to Discipline.
220. If a master, seaman, or apprentice belonging to a British Misconduct
ship, by wilful breach of duty or by neglect of duty or by reason of endangering
life or ship.
drunkenness,-
(a) does any act tending to the immediate loss, destruction, or
serious damage of the ship, or tending immediately to
endanger the life or limb of a person belonging to or on board
the ship ; or
(b) refuses or omits to do any lawful act proper and requisite to
be done by him for preserving the ship from immediate loss,
destruction, or serious damage, or for preserving any person
belonging to or on board the ship from immediate danger to
life or limb,
221. If a seaman lawfully engaged, or an apprentice to the sea Desertion
be punished summarily as follows :
service, commits any of the following offences he shall be liable to and absence
(a.) If he deserts from his ship he shall be guilty of the offence

without leave.
of desertion and be liable to forfeit all or any part of the

effects he leaves on board, and of the wages which he has then
earned, and also, if the desertion takes place abroad, of the
wages he may earn in any other ship in which he may be
employed until his next return to the United Kingdom, and
to satisfy any excess of wages paid by the master or owner of
the ship to any substitute engaged in his place at a higher rate
of wages than the rate stipulated to be paid to him ; and also,
except in the United Kingdom, he shall be liable to imprison-
ment for any period not exceeding twelve weeks with or
without hard labour;
(b.) If he neglects, or refuses without reasonable cause, to join
his ship, or to proceed to sea in his ship, or ii absent without
leave at any time within twenty-four hours of the ship's sailing
from a port, either at the commencement or during the progress
of a voyage, or is absent at any time without leave and with-
out sufficient reason from h's ship or from his duty, he shall, if
105
A.D. 1894, the offence does not amount to desertion, or is not treated as
such by the master, be guilty of the offence of absence without
leave, and be liable to forfeit out of his wages a sum not
exceeding two days pay, and in addition for every twenty-four
hours of absence, either a sum not exceeding six days pay, or
any expenses properly incurred in hiring a substitute ; and also,
except in the United Kingdom, lie shall be liable to imprison-
ment for any period not exceeding ten weeks with or without
hard labour.
Conveyance of
deserter on
222.-(1.) If in the United Kingdom a seaman or apprentice is
board ship, guilty of the offence of desertion or of absence without leave, or
otherwise absents himself from his ship without leave, the master,
any mate, the owner, ship's husband, or consignee of the ship, may,
with or without the assistance of the local police officers or
constables, convey him on board his ship, and those officers and
constables are hereby directed to give assistance if required :
(2.) Provided that if the seaman or apprentice so requires lie
shall first be taken before some court capable of taking cognizance
of the matter to be dealt with according to law.
(3.) If it appears to the court before whom the case is brought
that the seaman or apprentice has been conveyed on board or taken
before the court on improper or insufficient grounds, that court may
inflict on the master, mate, owner, ship's husband, or consignee,
as the case may be, a fine not exceeding twenty pounds ; but the
infliction of that fine shall be a bar to any action for false
imprisonment in respect of the arrest.
Provisions as 223.-(1.) If out of the United Kingdom, either at the com-
to arrest and mencement or during the progress of any voyage, a seaman or
imprisonment
applying out apprentice is guilty of the offence of desertion or of absence without
of the United leave, or otherwise absents himself from his ship without leryve, the
Kingdom. master, any mate, the owner, ship's husband, or consignee, may in
any place in Her Majesty's dominions out of the United Kingdom,
with or without the assistance of the local police officers or
constables (and those officers and constables are hereby directed to
give assistance if required), and also at any place out of Her
Majesty's dominions, if and so far as the laws in force at that place
will permit, arrest him without first procuring a warrant.
(2.) A person so arresting a seaman or apprentice may in any
case, and shall in case the seaman or apprentice so requires and it
is practicable, convey him before some court capable of taking
cognizance of the matter, to be dealt with according to law, and for
that purpose may detain him in custody for a period not exceeding
twenty-four hours, or such shorter time as may be necessary ; but
if the seaman or apprentice does not require to be so taken before a
court, or if there is no such court at or near the place, the person
arresting him may at once convey him on board his ship.
(3.) If it appears to the court before whom the case is brought
that an arrest under this section has been made on improper or on
insufficient grounds, the master, mate, owner, ship's husband, or
consignee who made the arrest, or caused it to be made, shall be
liable to a fine not exceeding twenty pounds ; but the infliction of
106
[57 & 58 VICT.] Merchant Shipping Act, 1894. [off. 60.]
that fine shall be a bar to any action for false imprisonment in A.D.
respect of the arrest.
(4.) If out of the United Kingdom, a seaman or apprentice is
imprisoned for having been guilty of the offence of desertion or of
- 180.1.
absence without leave, or for having committed any other breach of

discipline, and (luring his imprisonment and before his engagement
is at an end, his services are required on board his ship, a justice of
the peace may, on the application of the master or of the owner or
his agent, notwithstanding that the period of imprisonment is not
at an end, cause the seaman or apprentice to be conveyed on board
his ship for the purpose of proceeding on the voyage, or to be
delivered to the master or any mate of the ship, or to the owner or
his agent, to be by them so conveyed.
224.-(1.) Where a seaman or apprentice is brought before a Powertooforder
court on the ground of the offence of desertion, or of absence with- court ender to be
out leave, or of otherwise absentinga himself without leave, the court ttaken on board
>
if the master or the owner or his agent so require, may (and if out ship.
of the United Kingdom in lieu of committing him to prison), cause
him to be conveyed on board his ship for the purpose of proceeding
on the voyage or deliver him to the master, or any mate of the
ship, or the owner, or his agent, to be by them so conveyed, and
may in such case order any costs and expenses properly incurred
by or on behalf of the master or owner by reason of the offence to
be paid by the offender, and, if necessary, to be deducted from any
wages which he has then earned, or by virtue of his then existing
engagement may afterwards earn.
(2.) If in the United Kingdom a seaman or apprentice to the sea
service intends to absent himself from his ship or his duty, he may
give notice of his intention, either to the owner or to the master of
the ship, not less than forty-eight hours before the time at which he
ought to be on board his ship ; and in the event of that notice being
given, the court shall not exercise any of the powers conferred by
this section for causing the offender to be conveyed on board his
ship.
225.-(1.) If a seaman lawfully engaged or an apprentice to the General
sea service commits any of the following offences, in this Act re- offences
against dis-
ferred to as offences against discipline, he shall be liable to be
punished summarily as follows ; (that is to say,)
(a.) If he quits the ship without leave after her arrival at her
port of delivery, and before she is placed in security, he shall
be liable to forfeit out of his wages a sum not exceeding one
month's pay :
(b.) If he is guilty of wilful disobedience to any lawful com-
mand, he shall be liable to imprisonment for a period not
exceeding four weeks, and also, at the discretion of the
court, to forfeit out of his wages a sum not exceeding two
days pay :
(c.) If he is guilty of continued wilful disobedience to lawful
commands or continued wilful neglect of duty, he shall be
liable to imprisonment for a period not exceeding twelve
weeks, and also, at the discretion of the court, to forfeit for
107
[Cu. 60.] Merchant Shipping Act, 1894. [57 & 58 Vicr]
A.D. 1g91. every twenty-four hours continuance of disobedience or

neglect, either a sum not exceeding six days pay, or any
expenses properly incurred in hiring a substitute :
(d.) If he assaults the master or any mate or certificated engineer
of the ship, he shall be liable to imprisonment for a period not
exceeding twelve weeks :
(e.) If he combines with any of the crew to disobey lawful com-
mands, or to neglect duty, or to impede the navigation of the
ship or the progress of the voyage, he shall be liable to
imprisonment for a period not exceeding twelve weeks :
(f.) If he wilfully damages his ship, or embezzles or wilfully

damages any of her stores or cargo, he shall be liable to
forfeit out of his wages a sum equal to the loss thereby
sustained, and also, at the discret'on of the court, to imprison-
ment for a period not exceeding twelve weeks :
(g.) If he is convicted of any act of smuggling, whereby loss or
damage is occasioned to the mister or owner of the ship, he
sha11 be liable to pay to that master or owner a sum sufficient
to reimburse the loss or damage ; and the whole or a propor-
tionate part of his wages may be retained in satisfaction or on
account of that liability, without prejudice to any further
remedy.
(2.) Any imprisonment under this section may be with or
without hard labour.
Summary 226. Nothing in the last preceding section or in the sections
remedies not relating to the offences of desertion or absence without leave shall
to affect other
remedies.
take away or limit any remedy by action or by summary procedure
before justices which an owner or master would but for those
provisions have for any breach of contract in respect of the matters
constituting an offence under those sections, but an owner or master
shall not be compensated more than once in respect of the same
damage.
Penalty for 227.-(1.) If a seaman on or before being engaged wilfully and
false statement fraudulently makes a false statement of the name of his last ship
as to last ship
or name. or alleged last ship, or wilfully and fraudulently makes a false
statement of his own name, he shall for each offence be liable to a
(2.) The fine may be deducted from any wages the seaman may
earn by virtue of his engagement as aforesaid, and shall, subject to
reimbursement of the loss and expenses (if any) occasioned by any
desertion previous to the engagement, be paid and applied in the
same manner as other fines under this Act.
Entry of 228. If any offence, within the meaning of this Act, of desertion
offences in
official log.
or absence without leave or against dis,ipline is committed, or if
any act of misconduct is committed for which the offender's
agreement imposes a fine and it is intended to enforce the fine,
(a) an entry of the offence or act shall be made in the official
log-book, and signed by the master and also by the mate or
one of the crew ; and
(b) the offender, if still in the ship, shall before the next subse-
quent arrival of the ship at any port, or if she is at the time
108
in port before her departure therefrom, either be furnished A.D. 1894.
with a copy of the entry or have the same read over distinctly
and audibly to him, and may thereupon make such reply
thereto as he thinks fit ; and
-
(c) a statement of a copy of the entry having been so furnished,
or of the entry having been so read over, and, in either case,
the reply (if any) made by the offender, shall likewise be
entered and signed in manner aforesaid ; and
(d) in any subsequent legal proceeding the entries by this
section required shall, if practicable, be produced or proved,
and in default of that production or proof the court hearing
the case may, in their discretion, refuse to receive evidence of
the offence or act of misconduct.
229.-(1.) In every case of desertion from a ship in any port Entries and
abroad the master shall produce the entry of the desertion in the of certificates
desertion
official log-book to the person by 3' this Act authorised to o abroad.
certificates for leaving seamen behind abroad; and that person
shall thereupon make and certify a copy of the entry.
(2.) The copy shall be forthwith transmitted to the Registrar-
General of Shipping and Seamen in England by the person by
whom the copy is made and certified, if he is a public functionary,
and if he is not, by the master, and shall be admissible in evidence
in manner provided by this Act.
230. A superintendent shall keep at his office a list of the Register of
seaman who, to the best of his knowledge and belief, have deserted deserters.
or faile,.l to join their ships after signing an agreement to proceed

to sea in them, and shall on request show the list to a master of a
ship, and shall not be liable in respect of any entry made in good
faith in the list.
231.-(1.) Whenever a question arises whether the wages of Facilities for
proving
any seaman or apprentice are forfeited for desertion from a ship, pro-
tion.in
shall be sufficient for the person insisting on the forfeiture to ceedings for
show that the seaman or apprentice was duly engaged in or forfeiture of
belonged to the ship, and either that he left the ship before the wages.
completion of the voyage or engagement, or, if the voyage was to
terminate in the United Kingdom and the ship has not returned,
that he is absent from her, and that an entry of his desertion has
been duly made in the official log-book.
(2.) The desertion shall thereupon, so far as relates to any
forfeiture of wages under this Part of this Act, be deemed to be
proved, unless the seaman or apprentice can produce a proper
certificate of discharge, or can otherwise show to the satisfaction
of the court that he had sufficient reasons for leaving his ship.
232.-(1.) Where any wages or effects are under this Act Application of
forfeitures.
forfeited for desertion' from a ship, those effects may be converted
into money, and those wages and effects, or the money arising
from the conversion of the effects, shall be applied towards
reimbursing the expenses caused by the desertion to the master or
owner of the ship, and subject to that reimbursement shall be paid
into the Exchequer, and carried to the Consolidated Fund.
109
[Cs. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT]
A.1).1894. (2.) For the purpose of such reimbursement, the master or the
owner, or his agent may, if the wages are earned subsequently to
the desertion, recover them in the same manner as the deserter
could have recovered them if not forfeited ; and the court in any
legal proceeding relating to such wages may order them to be paid
accordingly.
(3.) Where wages are forfeited under the foregoing provisions
of this Act in any case other than for desertion, the forfeiture
shall, in the absence of any specific provision to the contrary, be
for the benefit of the master or owner by whom the wages are
payable.
Decision of 233. Any question concerning the forfeiture of or deductions
questions of from the wages of a seaman or apprentice may be determined in
forfeiture and
deductions any proceeding lawfully instituted with respect to those wages,
in suits for notwithstanding that the offence in respect of which the question
wages. arises, though by this Act made punishable by imprisonment as
well as forfeiture; has not been made the subject of any criminal
proceeding.
Ascertainment 234. If a seaman contracts for wages by the voyage or by the
of amount of run or by the share, and not by the month or other stated period
forfeiture out
of wages. of time, the amount of forfeiture to be incurred under this Act
shall be an amount bearing the same proportion to the whole
wages or share, as a month or any other period herein-before
mentioned in fixing the amount of such forfeiture (as the case may
be) bears to the whole time spent in the voyage or run ; and if the
whole time spent in the voyage or run does not exceed the period
for which the pay is to be forfeited, the forfeiture shall extend to
the whole wages or share.
Deduction 235.-(1.) Every fine imposed on a seaman for any act of mis-
from wages, conduct for which his agreement imposes a fine shall be deducted
and payments
to superin- and paid as follows ; (that is to say,)
tendents, &c. (a.) If the offender is discharged in the United Kingdom, and
of fines. the offence, and the entry in the log-book required by this
Act in respect thereof, are proved to the satisfaction, in the
case of a foreign-going ship, of the superintendent before
whom the offender is discharged, and in the case of a home
trade ship of the superintendent at or nearest the port at
which the crew are discharged, the master or owner shall
deduct the fine from the wages of the offender, and pay it to
the superintendent ;
(b.) If the offender enters Her Majesty's naval service or is
discharged abroad before the final discharge of the crew in It
the United Kingdom, and the offence and the entry as afore-
said are proved to the satisfaction of the officer in command
of the ship he so enters, or of the consular officer or other
person by whose sanction he is discharged, as the case may
be, the fine shall be deducted as aforesaid and an entry made
in the official log-book of the ship and signed by the officer
or other person to whose satisfaction the offence is proved ; and
(c.) On the return of the ship to the United Kingdom the master
or owner shall pay the fine to the superintendent before whom
110
[57 & 58 VimT.] Merchant Shipping Act, 1894. [CH. 60.]
the superintendent at or nearest the port at which the crew

are discharged.
(2.) If a master or owner fails without reasonable cause so to
-
the crew is discharged or in the case of a home trade ship to A.D. 1894.
pay the fine, he shall for each offence be liable to a fine not
exceeding six times the amount of the fine not so paid.
(3.) An act of misconduct for which any fine has been inflicted
and paid by, or deducted from the wages of, the seaman shall not
be otherwise punished under this Act.
236.-(1.) If a person by any means whatever persuades or Penalty for
attempts to persuade a seaman or apprentice to neglect or refuse toe Bert to a
join or proceed to sea in or to desert from his ship, or otherwise to harbouring
absent himself from his duty, he shall for each offence in respect deserters.
of each seaman or apprentice be liable to a fine not exceeding ten
pounds.
(2.) If a person wilfully harbours or secretes a seaman or
apprentice who has wilfully neglected or refused to join, or has
deserted, front his ship, knowing or having reason to believe the
seaman or apprentice to have so done, he shall for every seaman or
apprentice so harboured or secreted be liable to a fine not exceeding
twenty pounds.
237.-(1.) If a person secretes himself and goes to sea in a ship Penalty on
without the consent of either the owner, consignee, or master, or stowaways, and
iscine of
of a mate, or of the person in charge of the ship, or of any other stowaways and
person entitled to give that consent, he shall be liable to a fine not seamen carried
exceeding twenty pounds, or, in the discretion of the court, to under com-
pulsion,
imprisonment, with or without hard labour, for a period not
exceeding four weeks.
(2.) Every seafaring person whom the master of a ship is, under
the authority of this or any other Act compelled to take on board
and convey, and every person who goes to sea in a ship without
such consent as aforesaid, shall, so long as he remains in the ship,
be deemed to belong to the ship, and be subject to the same laws
and regulations for preserving discipline, and to the same fines
and punishments for offences constituting or tending to a breach of
discipline, as if he were a member of, and had signed the agreement
with, the crew.
238.-(1.) Where it appears to Her Majesty that due facilities Deserters from
are or will be given by the government of any foreign country for foreign ships.
recovering and apprehending seamen who desert from British
merchant ships in that country, Her Majesty may, by Order in
Council stating that such facilities are or will be given, declare
that this section shall apply in the case of such foreign country,
subject to any limitations, conditions, and qualifications contained
in the Order.
(2.) Where this section applies in the case of any foreign
country, and a seaman or apprentice, not being a slave, deserts
when within any of Her Majesty's dominions from a merchant
ship belonging to a subject of that country, any court, justice, or
officer that would have had cognizance of the matter if the seaman
111
[OH. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT]
A.D. 1894. or apprentice had deserted from a British ship shall, on the appli-
cation of a consular officer of the foreign country, aid in appre-
hending the deserter, and for that purpose may, on information
,given on oath, issue a warrant for his apprehension, and, on proof
of the de=ertion, order him to be conveyed on board his ship or
delivered to the master or mate of his ship, or to the owner of the
ship or his agent, to be so conveyed ; and any such warrant or
order may be executed actor Tingly.
(3.) If any person harbours or secretes any deserter liable to be
apprehended under this section, knowing or having reason to believe
that he has deserted, that person shall for each offence be liable to
a fine not exceeding ten pounds.
Official Logs.
Official logs 239.-(1.) An official log shall be kept in every ship (except
to be kept ships employed exclusively in trading between ports on the coasts
and to be
evidence. of Scotland) in the appropriate form for that ship approved by the
Board of Trade.
(2.) The Board of Trade shall approve forms of official log-
books, which may be different for different classes of ships, so that
each such form shall contain proper spaces for the entries required
by this Act.
(3.) The official log may, at the discretion of the master or
owner, be kept distinct from, or united with, the ordinary ship's
log, so that in all cases the spaces in the official log-book be duly
filled up.
(4.) An entry required by this Act in an official log-book shall
be made as soon as possible after the occurrence to which it relates,
and if not made on the same day as that occurrence shall be made
and dated so as to show the date of the occurrence and of the entry
respecting it ; and if made in respect of an occurrence happening
before the arrival of the ship at her final port of discharge shall
not be made more than twenty-four hours after that arrival.
(5.) Every entry in the official log-book shall be signed by the
master, and by the mate, or some other of the crew, and also
(a) if it is an entry of illness, injury, or death, shall be signed
by the surgeon, or medical practitioner on board (if any) ; and
(b) if it is an entry of wages due to, or of the sale of the effects
of, a seaman or apprentice who dies, shall be signed by the
mate and by some member of the crew besides the master; and
(c) if it is an entry of w;zges due to a seaman who enters Her
Majesty's naval service, shall be signed by the seaman, or
by the officer authorised to receive the seaman into that
service.
(6.) Every entry made in an official log-book in manner provided
by this Act shall be admissible in evidence.
Entries re- 240. The master of a ship for which an official log is required
quired in
official log- shall enter or cause to be entered in the official log-book the
book. following matters ; (that is to say,)
(1.) Every conviction by a legal tribunal of a member of his
crew, and the punishment inflicted :
112
(2.) Every offence committed by a member of his crew for which A.D. 1894.
it is intended to prosecute, or to enforce a forfeiture, or to
exact a fine, together with such statement concerning the
copy or reading over of that entry, and concerning the reply
(if any) made to the charge, as is by this Act required
:
(3.) Every offence for which punishment is inflicted on board,

and the punishm-nt inflicted :
(4.) A statement of the conduct, character, and qualifications of
each of his crew, or a statement that he declines to give an
opinion on those articulars
I :
(5.) Every case of illness or injury happening to a member of

the crew, with the nature thereof, and the medical treatment
adopted (if any):
(6.) Every marriage taking place on board with the names and
ages of the parties :
(7.) The name of every seaman or apprentice who ce. ses to be a
member of the crew, otherwise than by death, with the place,
time, manner, and cause thereof :
(8.) The wages due to any seaman who enters Her Majesty's
naval service during the voyage :
(9.) The wages due to any seaman or apprentice who dies during
the voyage, and the gross amount of all deductions to be made
therefrom :
(10.) The sale of the effects of any seaman or apprentice who
dies during the voyage, including a statement of each article
sold, and the sum received for it:
(11.) Every collision with any other ship, and the circumstances
under which the same occurred : and
(12.) Any other matter directed by this Act to be entered.
241.- (1.) If an official log-book is not kept in the manner Offences in
respect of
required by this Act, or if an entry directed by this Act to be official logs.
made therein is not made at the time and in the manner directed
by this Act, the master shall for each offence be liable to the
specific fine in this Act mentioned in respect thereof, or where
there is no such specific fine, to a fine not exceeding five pounds.
(2.) If any person makes, or procures to be made, or assists in
making, any entry in an official log-book in respect of any
occurrence happening previously to the arrival of the ship at
her final port of discharge more than twenty-four hours after that
arrival, he shall for each offence be liable to a fine not exceeding
thirty pounds.
(3.) If any person wilfully destroys or mutilates or renders
illegible any entry in an official log-book, or wilfully makes or
procures to be- made or assists in making a false or fraudulent
entry in or omission from an official log-book, he shall in respect
of each offence be guilty of a misdemeanor.
242.-(1.) The master of every foreign-going ship shall, within Delivery of
official logs to
forty-eight hours after the ship's arrival at her final port of superintendent
destination in the United Kingdom or upon the discharge of the of mercantile
crew, whichever first happens, deliver the official log-book of the marine office.
voyage to the superintendent before whom the crew is discharged.
H 113
[OH. 60.] Merchant Shipping Act, 1894. [57 & 58 VtcT.]
A.D. 1894. (2.) The master or owner of every home trade ship for which an
official log is required to be kept shall, within twenty-one days of
the thirtieth day of June and the thirty-first day of December in
every year, transmit or deliver the official log-book for the preceding
half year to some superintendent in the United Kingdom.
(3.) If the master or owner of a ship fails without reasonable
cause to comply with this section, he shall be subject to the same
consequences and liabilities to which he is subject for the non-
delivery of the list of the crew required to be delivered under this
Part of this Act.
Official logs 243.-(1.) Where by reason of transfer of ownership or change
to be sent home of employment of a ship, the official log ceases to be required in
in case of
t
o£
of respect of the ship or to be required at the same date, the master
ship, and in or owner of the ship shall, if the ship is then in the United
case of loss. Kingdom, within one month, and if she is elsewhere within six
months, after the cessation, deliver or transmit to the superin-
tendent at the port to which the ship belonged the official log-book
(if any) duly made out to the time of the cessation.
(2.) If a ship is lost or abandoned, the master or owner thereof
shall, if practicable, and as soon as possible, deliver or transmit to
the superintendent at the port to which the ship belonged the
official log-book (if any) duly made out to the time of the loss or
abandonment.
(3.) If the master or owner of a ship fails without reasonable
cause to comply with this section, he shall for each offence be
liable to a fine not exceeding ten pounds.
Local Marine Boards.

Continuance 244.-;1.) There shall be local marine boards for carrying into
and constitu- effect this Act under the superintendence of the Board of Trade at
local
ne board.
marine
ma
those ports of the United Kingdom at which local marine boards
are now established and at such other places as the Board of Trade
appoint for the purpose.
(2.) Every local marine board shall be constituted in manner
specified in the Seventh Schedule to this Act, and the regulations
in that schedule shall apply to the board and elections thereof.
(3.) A local marine board may regulate the mode in which their
meetings are to be held and their business is to be conducted,
including the fixing of a quorum, not being less than three.
(4.) A local marine board shall keep minutes of their proceedings
in the manner (if any) prescribed by the Board of Trade.
(5.) Any act or proceedings of a local marine board shall not be
vitiated or prejudiced by reason of any irregularity in the election
of any of the members, or of any error in the list of voters entitled
to vote at the election, or of any irregularity in making or revising
the list, or by reason of any person not duly qualified acting on
the board, or of any vacancy in the board.
Contr of Trade
245.-(1.) Every local marine board shall make and send to the
over local Board of Trade such reports and returns as the Board of Trade
marine boards. require ; and all minutes, books, and documents of, or used or kept
by, any local marine board, or by any superintendent, or by any
114
[57 & 58 VICT.] Merchant ,Shipping Act, 1894. [OH. 60.]
examiner or other officer or servant under the control of any A.D. 1894.
local marine board, shall be open to the inspection of the Board
of Trade and their officers.
(2.) If any local marine board, by reason of any election not
-
being held or of the simultaneous resignation or continued non-
attendance of all or the greater part of the members, or from any
other cause, fail to meet or to discharge their duties, the Board of
Trade may, in their discretion, either take into their own hands
the performance of the duties of the local marine board until the
next triennial appointment and election thereof, or direct that a
new appointment and election of the local marine board shall take
place immediately.
(3.) If on complaint made to the Board of Trade it appears to
them that at any port, any appointments or arrangements made by
the local marine board under this Act are not such as to meet the
wants of the port, or are in any respect unsatisfactory or improper,
the Board of Trade may annul, alter, or rectify the same, as they
think expedient, having regard. to the intention of this Act and to
the wants of the port.
Mercantile illarine Offices.
246.-(1.) A mercantile marine office, with the requisite build- Establishment
ont,l of
ings, property, superintendents, deputies, clerks, and servants shall and
mercantile
be maintained at every port of the United Kingdom where there is marine offices.
a local marine board, and may be established and maintained at
such other ports as the Board of Trade determine.
(2.) In every port where there is a local marine board the board
shall procure the said buildings and property, and appoint and
remove the superintendents, deputies, clerks, and servants, and
regulate the business at, and have the control of, the mercantile
marine office, subject as follows :-
(a.) The sanction of the Board of Trade shall be necessary, so
far as regards the number of persons to be so appointed, and
the amount of their salaries and wages, and all other expenses.
(b.) The Board of Trade shall have the immediate control of
every such office, as far as regards the receipt and payment of
money thereat, and every person appointed to be an officer in
any such office shall, before entering upon his duties, give such
security (if any) for the due performance thereof as the Board
of Trade require.
(c.) If the Board of Trade have reason to believe that any super-
intendent, deputy, clerk, or servant appointed by a local
marine board does not properly discharge his duties, they
may cause the case to be investigated, and if they think fit
remove him from his office, and provide for the proper per-
formance of his duties until another person is duly appointed
in his place.
(d.) The Board of Trade may appoint any superintendent of or
other person connected with any sailors home in the port of
London to be a superintendent with any necessary deputies
clerks and servants, and may appoint an office in any such
home to be a mercantile marine office, and all persons and
H 2 115
[Ca. 60.] 31e)-chant Sh;ppinag Act, 1894. [57 & 58 VICT.]
A.D. 1894. offices so appointed shall be subject to the immediate control

of the Board of Trade, and not of the local marine Loard of the
port.
(3.) At any poet at which the business of a ercar,tile marine
m
office is conducted otherwise than under a local marine beard, the

Board of Trade may-
(a) at any time establish a mercantile marine office and for that
purpose procure the requisite buildings and property, and
appoint and remove all the requisite superintendents, deputies,
clerks, and servants, or
(b) direct with the consent of the Commissioners of Customs,
that the whole or any part of the business of a mercantile
marine office shall be conducted at the custom mouse, and
thereupon the custom house shall be a mercantile marine office
for the purposes of that business, and any officer of customs
there appointed in that behalf by the Board of Trade shall be
a superintendent or deputy within the meaning of this Act.
Business of
mercantile
247.-(1.) It shall be the general business of superintendents
marine office. of mercantile marine offices (in this Act referred to as superin-
tendents)-
to afford facilities for engaging seamen by keeping registries of
their names and characters :
to superintend and facilitate the engagement and discharge of

seamen in manner in this Act provided :
to provide means for securing the presence on board at the
proper times of the seamen who are so engaged
to facilitate the making of apprenticeships to the sea service :
and
to perform such other duties relating to seamen, apprentices, and
merchant ships as are by or in pursuance of this Act, or any
Act relating to merchant shipping, committed to them.
(2.) Any act done by to or before a deputy duly appointed shall
have the same effect as if done by to or before a superintendent.
Embezzlement
by officers of
248.-(1.) A person appointed to any office or service by or
local marine under a local marine board shall be deemed to be a clerk or servant
boards. within the meaning of section sixty-eight of the Larceny Act, 1861
(relating to embezzlement).
(2.) If any person so appointed to an office or service-
(a) fraudulently applies or disposes of any chattel, money, or
valuable security received by him (whilst employed in such
office or service) for or on account of any local marine board,
or for or on account of any other public board or department,
for his own use, or any use or purpose other than that for
which the same was paid, entrusted to, or received by him, or
(b) fraudulently withholds, retains, or keeps back the s me, or
any part thereof, contrary to any lawful directions or instruc-
tions which he is required to obey in relation to his office or
service aforesaid,
that person shall be guilty of embezzlement within the meaning
24 & 25 Viet. of the said section sixty-eight of the Larceny Act, 1861.
c. 96.
116
[57 & 58 VICT.] Merchant Shipping Act, 1894. [Cn. 60.]
(3.) In any indictment under this section, it shall be sufficient to A.D. 1894.
charge any such chattel, money, or valuable security as the property
either of the local marine board by whom the person was appointed,
or of the beard or department for or on account of whom the same
was received.
(4.) Section seventy-one of the Larceny Act, 1861 (relating
to the manner of charging embezzlement), shall apply as if an
offence under this section were embezzlement under that Act.
249. The Board of Trade may dispense with the transaction in Power to
a mercantile marine office, or before a superintendent of any
i with
matters required by this Act to be so transacted, and thereupon dispeno
certain matters
those matters, it otherwise duly transacted, shall be as valid as if at mercantile
they were transacted in such an office or before a superintendent. marine offices.
250. If a superintendent, deputy, clerk, or servant, in a mercan- Prohibition on
tile marine office demands or receives save as provided b Y an Y taking fees at
mercantile
Act, or authorised by the Board of Trade, any remuneration marine-office.
whatever, either directly or indirectly, for hiring or supplying any
seaman for a ship or. transacting any business which it is his duty
to transact, he shall for every such offence be liable to a fine not
exceeding twenty pounds, and also to dismissal from his office by
the Board of Trade.
Reryistration of and Returns respecting Seamen.

251.-(1.) There shall be maintained in the port of London, Establishment
under the control of the Board of Trade, an office, called the of register
office.
General Register and Record Office of Seamen.
(2.) The Board of Trade may appoint and remove a Registrar-
General called " The Registrar-General of Shipping and Seamen,"
and such assistants, clerks, and servants as may be necessary, and,
with the consent of the Treasury, regulate their salaries and
allowances ; and those salaries and allowances, and all other
necessary expenses, shall be paid out of moneys provided by
Parliament.
(3.). The Board of Trade may direct that the business of the
said office at any of the outports be transacted at the mercantile
marine office there, or with the consent of the Commissioners of
Customs at the Custom House there, and may appoint the
superintendent, or with the said consent some officer of customs,
as the case may be, to conduct the business, and the business shall
thereupon be conducted accordingly, subject to the immediate
control -.f the Board of Trade.
252. The Registrar-General of Shipping and Seamen shall, by Register of
means of the documents transmitted to him in pursuance of this seamen.
Act, and by any other means in his power, keep at his office a
register of all persons who serve in ships subject to this Act.
253.-(1.) The master- Lists of the
crew.
((,-t) of a foreign-going ship whose crew is discharged in the
United Kingdom, in whatever part of Her Majesty's dominions
the ship is registered ; and
(b) of a home trade ship ;
7.17
[Cs. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT.]
A.D. 1894. shall make out and sign a list (in this Act referred to as the list
of the crew), in a form approved by the Board of Trade, and
containing the following particulars :-
(i.) The number and date of the ship's register, and her registered
tonnage:
(ii.) The length and general nature of the voyage or employ-
ment :
(iii.) The names, ages, and places of birth of all the crew
including the master and apprentices ; their ratings on board,
their last ships or other employments, and the dates and
places of their joining the ship :
(iv.) The names of any of the crew who have ceased to belong
to the ship, with the times, places, causes, and circumstances
thereof :
(v.) The names of any members of the crew who have been
maimed or hurt, with the time, place, cause, and circum-
stances thereof :
(vi.) The wages due at the time of death to any of the crew
who have died :
(vii.) The property belonging to any of the crew who have
died, with a statement of the manner in which it has been
dealt with, and the money for which any part of it has been
sold :
(viii.) Any marriage which takes place on board with the date
thereof, and the naives and ages of the parties.
(2.) The list of the crew-
(a) in the case of a foreign-going ship, shall be delivered by the
master within forty-eight hours after the arrival of the ship
at her final port of destination in the United Kingdom, or
upon the discharge of the crew, whichever first happens, to the
superintendent before whom the crew is discharged ; and
(b) in the case of a home-trade ship, shall be delivered or
transmitted by the master or owner to some superintendent
in the United Kingdom on or within twenty-one days after
the thirtieth day of June and the thirty-first day of December
in each year;
and the superintendent shall give to such master or owner a
certificate of such delivery or transmission, and any such ship may
be detained until the certificate is produced, and an officer of
customs shall not clear inwards any foreign-going ship until the
certificate is produced.
(3.) If the master in the case of a foreign-going ship, or the
master or owner in the case of a home trade ship, fails without
reasonable cause to deliver or transmit the list of the crew as
required by this section, he shall for each offence be liable, to a
Return of 254.-.(1.) The master of every British ship, whether registered
births and or not in the United Kingdom, shall, as soon as may be after the
deaths in
British ships. occurrence of the birth of a child or the death of a person happening
on board his ship, record in his log-book or otherwise the fact of
the birth or death, and the particulars required by the Eighth
118
or such of them as may be known to him.

(2.) The master of every British ship, upon its arrival at any
port in the United Kingdom, or at such other time and place as
-
Schedule to this Act to be registered concerning the birth or death, A.D. 1894.
the Board of Trade may with respect to any ship or class of ships
direct, shall deliver or transmit, in such form as the Board of
Trade direct, a return of the facts recorded by him in respect to
the birth of a child or the death of a person on board such ship,
to the Registrar-General of Shipping and Seamen.
(3.) Where the said return is directed by the Board of Trade to
be delivered or transmitted upon the arrival of the ship or the
discharge of the crew or otherwise at any port out of the United
Kingdom, the Board of Trade may, if they think fit, direct that the
return, instead of being delivered or transmitted to the Registrar-
General of Shipping and Seamen, shall be delivered, and the same
shall accordingly be delivered, if the port is in a British possession,
to the superintendent or chief officer of customs at such port, and
if it is elsewhere, to the British consular officer at the port, and
such superintendent or officer shall transmit the same as soon as
may be to the Registrar-General of Shipping and Seamen.
(4.) The Registrar-General of Shipping and Seamen shall send
a certified copy of the returns relating to such births and deaths as
follows; (that is to say,)
(a) if it appears from the return that the father of the child so
born, or if the child is a bastard the mother of the child, or
that the person deceased was a Scotch or Irish subject of Her
Majesty, then to the Registrar-General of Births and Deaths
in Scotland or Ireland, as the case may require ; and
(b) in any other case to the Registrar-General of Births and
Deaths in England ;
and such Registrar-General of Births and Deaths shall cause the
same to be filed and preserved in or copied in a book to be kept
by him for the purpose, and to be called the marine register book ;
and such book shall be a certified copy of the register book within
the meaning of the Acts relating to the registration of births and
deaths in England, Scotland, and Ireland respectively.
(5.) If the master of any ship fails to comply with any require-
ment of this section, he shall be liable for each offence to a fine
not exceeding five pounds.
255.-(1.) Where by reason of the transfer of ownership or Return in case
or
change of employment of a ship the list of the crew ceases to be of transferof ship.
loss
required in respect of the ship, or to be required at the same date,
the master or owner of the ship shall, if the ship is then in the
United Kingdom, within one month, and, if she is elsewhere,
within six months, after that cessation deliver or transmit to the
superintendent at the port to which the ship belonged the list of
the crew, duly made up to the time of the cessation.
(2.) If a ship is lost or abandoned, the master or owner thereof
shall, if practicable, and as soon as possible, deliver or transmit
to the superintendent at the port to which the ship belonged
the list of the crew, duly made out to the time of the loss or
abandonment.
119
[CH. 60.] 'Mfel,chant b'lttippifg Act, 1894. [57 & 58 VIcT.]
A.D. 1891. (3.) If the master or owner of a ship tails, without reasonable
cause, to comply with this section, he shall for each offence be
liable to at fine not exceeding ten puunds.
Transmission 256.-(1.) All superintendents and all officers of customs shall
of documents take charge of all documents which are delivered or transmitted
to registrar by
to or retained by them in pursuance of this Act ind shall keep
dents and them for such time (it' any) as may be necessary for the purpose
other officers. of settling any business arising at the place where the documents
come into their hands, or for any other prol!er purpose, amid shall,
if required, produce them for any of those purposes, and shall then
tr.in,mit them to the Registrar-General of Shipping and Seamen,
and be shall record and preserve tl,ein, and they shall be admissible
in evidence in manner provided by this Act, and they shall, on
payment of a moderate fee fixed by the Board of Trade, or without
payment if the Board so direct, be open to the inspection of any
person.
(2.) The documents aforesaid shall be public records and
I & 2 viet. documents within the meaning of the Public Record Offices Acts,
e. 94. 18.38 and 1877, and those Acts shall, where applicable, apply
40 & di vict.
35. to those documents in all respects, as if specifically referred to
therein.
Deposit of 257.-(1.) Whenever a ship, in whatever part, of Her Majesty's
documents at dominions it is registered (except a ship whose business for the
foreign
andin es. time being is to carry passengers whether cabin or steerage
passengers), arrives at a port in a British possession or at a port
elsewhere at which there is a British consular officer, and remains
thereat for forty-eight hours, the master shall, within forty-eight
hours of the ship's arrival, deliver to the chief officer of customs or
to the consular officer (as the case may be the agreement with the
crew, and also all indentures and assignments of apprenticeships,
or, if the ship is registered in a British possession, such of those
documents as the ship is provided with :
(2.) The officer shall keep the documents during the ship's stay
in the port, and in cases where any endorsements upon the agree-
ment are required by this Act shall make the same, at)(] shall
return the documents to the master within a reasonable time
before his departure, with a certificate endorsed on the agreement,
stating the time when the documents were respectively delivered
and returned :
(3.) If it appears that the required forms have been neglected,
or that the existing laws have been transgressed, the officer shall
make an endorsement to that effect on the agreement, and forthwith
transmit a copy of the endorsement, with the fullest information lie
can collect regarding the neglect or transgression, to the Registrar-
General of Shipping and Seamen :
deliver any document in pursuance of this section, he shall for each
offence be liable to a fine not exceeding twenty pounds; and in any
prosecution for that fine it shall lie upon the master either to
produce the said certificate, or to prove that he duly obtained it, or
that it was impracticable for him to obtain it.
120
258. If during the progress of a voyage the master is removed, A.D. 1894.
or superseded, or for any other reason quits the ship, and is suc-
ceeded in the command by some other person, he shall deliver to Documents to
his successor the various documents relating to the navigation of be suadedoer
the ship and to the crew thereof which are in his custody, and on change o
if he fails without reasonable cause so to do, he shall be liable master.
to a fine not exceeding one hundred pounds ; and his successor
shall immediately on assuming the command of the ship enter in
the official log-book a list of the documents so delivered to him.
Sites for Sailors Homes.

259. The corporation of a municipal borough, being a port in Corporations,
the United Kingdom, and any body corporate, association, or &c. may grant
sailors
trustees in any such port, existing or constituted for any public homesor
purposes relating to the government or benefit of persons engaged

in the British merchant service, or to the management of docks
and harbours, or for any other public purposes connected with
shipping or navigation, may, with the consent of the Local Govern-
ment Board, appropriate any land vested in them or in trustees for
them as a site for a sailors home, and may for that purpose either
retain and apply the same accordingly, or convey the same to
trustees, with such powers for appointing new trustees and
continuing the trust as they think fit.
Application of Part II.
260. This Part of this Act shall, unless the context or subject- Application of
matter requires a different application, apply to all sea-going ships hi re tostered
s
registered in the United Kingdom, and to the owners, masters, and in the United
crews of such ships subject as herein-after provided with respect Kingdom.
to-
(a) ships belonging to any of the three general lighthouse
authorities ;
(b) pleasure yachts ; and

(c) fishing boats.
261. This Part of this Act shall, unless the context or subject- Application of
Part II. to
matter re q uires a different application, apply to all sea- g oing ships registered
British ships registered out of the United Kingdom, and to the elsewhere than
owners, masters, and crews thereof as follows ; (that is to say,) in the United
(a.) The provisions relating to the shipping and discharge of Kingdom.
seamen in the United Kingdom and to volunteering into the
Navy shall in every case ;
apply,
(b.) The provisions relating to lists of the crew and to the pro-
perty of deceased seamen and apprentices shall apply where
the crew are discharged, or the final port of destination of the
ship is, in the United Kingdom; and
(c.) All the provisions shall apply where the ships are employed
in trading or going between any port in the United Kingdom,
and any port not situate in the British possession or country
in which the ship is registered; and
(d.) The provisions relating to the rights of seamen in respect of
wages, to the shipping and discharge of seamen in ports
12].
A, D. 1894. abroad, to leaving seamen abroad and to the relief of seamen

in distress in ports abroad, to the provisions, health, and
accommodation of seamen, to the power of seamen to make
complaints, to the protection of seamen from imposition, and
to discipline, shall apply in every case except where the ship
is within the jurisdiction of the government of the British
possession in which the ship is registered.
Partial appli- 262. The following provisions of this Part of this Act shall not
cation of Part apply to ships belonging to the three general lighthouse authorities
II. to ships of
or to pleasure yachts, or to the owners, masters, and crews thereof,
lighthouse
authorities and namely, the provisions relating to-
pleasure (a') the requirement of officers to hold certificates of competency,
yachts.
and the production of those certificates ;
(b) the exemption from stamp duty and record of indentures
of apprenticeship, and matters to be done for the purpose of
such record ;
(c) the entry in the agreement with the crew of the particulars
respecting apprentices, and matters to be done for the purpose.
of such entry ;
(d) the engagement or supply of seamen or apprentices by or
through unlicensed persons ;
(e) agreements with the crew (except the provisions relating to
the engagement of a seaman abroad) ;
(f) the compulsory discharge and payment of seamen's wages
before a superintendent and the compulsory delivery of an
account of wages ;
(g) the accommodation for seamen ;
(h) the deduction and payment of fines imposed under stipula-
tions in the agreement ;
(i) the delivery of documents at ports abroad to consular or
customs officers ; or
(j) official log books.
Partial appli- 263.-(1.) This Part of this Act (except the provisions thereof
cation of Part relating to the transmission and delivery of lists of crews, volun-
II.to fishing
boats. teering into the Navy, and the property of deceased seamen) shall
not, subject as herein-after provided with respect to Scotland or
by the Fourth Part of this Act, apply to fishing boats exclusively
employed in fishing on the coasts of the United Kingdom, or to the
owners, skippers, and crews thereof.
(2.) The provisions of this Part of this Act relatingto-
(a) apprenticeships to the sea service ;
(b) compulsory agreements with the crew ;
(c) the alteration, falsification, or posting up of copies of agree-
ments with the crew ;
(d) compensation to seamen improperly discharged ;
(e) the delivery of an account of wages ;
(f) the granting of certificates of discharge and the return of
certificates of competency by the master;
(g) the decision of questions by the superintendent when referred
to him ;
(h) the production of the ship's papers by the master to the
superintendent in proceedings under this Act before him ; or
122
(i) the sections constituting the offences of desertion, absence A.D. 1894.
without leave, and offences against discipline ;
shall not, subject as in this section mentioned with respect to
Scotland, apply to any fishing boats whether or not exclusively
employed in fishing on the coasts of the United Kingdom, or to
the owners, 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) shall
apply to fishing boats, whether or not exclusively employed in
fishing on the coasts of the United Kingdom, and to the owners,
skippers, and crews thereof in like manner as it applies to other
ships, and the owners, skippers, and crews thereof.
264. If the legislature of a British possession, by any law, Application of
apply or adapt to any British ships registered at, trading with, or Part II. to
colony by
being at, any port in that possession, and to the owners, masters, colonial
and crews of those ships, any provisions of this Part of this Act legislatures.
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.
265. Where in any matter relating to a ship or to a person Conflict of
belonging to a ship there appears to be a conflict of laws, then, if laws.
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 ; but if there is no such provision, the
case shall be governed by the law of the port at which the ship is
registered.
266. This Part of this Act shall apply to an unregistered British Unregistered
ship which ought to have been registered under this Act, as if such beledeemed to
ship had been registered in the United Kingdom. in United
Kingdom for
PART III. certain pur-
poses.
PASSENGER AND EMIGRANT SHIPS.
1. DEFINITIONS.
Definition of Passenger Steamer and Passenger.
267. For the purposes of this Part of this Act- Definition of
The expression " passenger " shall include any person carried in " passenger" e11
a ship other than the master and crew, and the owner, his senl; rpas
family and servants ; and steamer."

The expression " passenger steamer" shall mean every British
steamship carrying passengers to, from, or between any
places in the United Kingdom, except steam ferry boats
working in chains (commonly called steam bridges) and every
foreign steamship carrying passengers between places in the
United Kingdom.
Definition of Emigrant Ship, &c.
268. For the purposes of this Part of this Act, unless the "Emigrant
context otherwise requires- ship," &c.
which Part
(1.) The expression " emigrant ship " shall mean every sea-going appl
ship, whether British or foreign, and whether or not conveying
123-
[Ca. 60.] Merchant Shipping Act, 1894. [57 & 58 `'ICT.]
A.D. 1894. mails, carrying, upon any voyage to which the provisions
of this Part of this Act respecting emigrant ships apply, more
than fifty steerage passengers or a greater number of steerage
passengers than in the proportion-
(a) if the ship is a sailing ship, of one statute adult to
thirty-three tons of the ship's registered tonnage ; and
(b) if the ship is a steam ship of one statute adult to every
twenty tons of the ship's registered tonnage ; and
includes it ship which, having proceeded from a port outside the
British Islands, takes on board at any port in the British
Islmnds such number of steerage passengers whether British
subjects or aliens resident in the British Islands, as would,
either with or without the steerage passenger which she
already has on board, constitute her an emigrant ship ;
(2.) The expression "statute adult" shall mean a person of the
age of twelve years or upwards, and two persons between the
ages of one and twelve years shall be treated as one statute
adult ;
(3.) The expression " steerage passenger " shall laean all passen-
gers except cabin passengers, and persons shall not h: deemed
cabin passengers unless-
(a) the space allotted to their exclusive use is in the pro-
portion of at least thirty-six clear superficial feet to each
statute adult ; and
(b) they are messed throughout the voyage at the same
table with the master or first officer of the ship ; and
(c) the fare contracted to be paid by them is in the propor-
tion for every week of the length of the voyage (as
determined under this Part of this Act for sailing vessels)
of thirty shillings, if the voyage of the ship is from the
British Islands to a port south of the Equator, and twenty
shillings, if the voyage of the ship is from the British
Islands to a port north of the Equator and
;
(d) they have been furnished with a duly signed contract

ticket in the form prescribed by the Board of Trade for
cabin passengers ;
(4.) The expression " steerage passage " shall include passages of
all passengers except cabin passengers
(5.) The expression " upper passenger deck " shall mean and
include the deck immediately beneath the upper deck, or the.
poop or round house and deck house when the number of
passengers, whether cabin or steerage passengers, carried in
the poop, round house, or deck house, exceeds one third of
the total number of steerage passengers which the ship can
lawfully carry on the deck next below;
(6.) The expression " lower passenger deck " shall mean .1nd
include the deck next beneath the upper passenger deck not
being an orlop deck.
Scale for 269. For the purpose of this Part of this Act the length of the
length ofng voyage of an emigrant ship from the British Islands to any port
voyages, elsewhere shall be determined by such of the scales fixed by the
Board of Trade as is applicable thereto, and the Board of Trade
124
may fix the scales by notice published in the London Gazette, and A.D. 1894,
may fix such different lengths of voyage as they think reasonable
for different descriptions of ships.
270. For the purposes of this Part of this Act a colonial voyage Definition
.means a voyage from any port in a British possession, other than colonial
voyage.
British India and Hong Kong, to any port whatever, where the
distance between such ports exceeds four hundred miles, or the
duration of the voyage, as determined under this Part of this Act,
exceeds three days.
2. PASSENGER STEAMERS.
Survey of Passenger Steamers.

271.-(1.) Every passenger steamer which carries more than Annual survey
twelve passengers shall- of passenger
steamers.
(a) be surveyed once at least in each year in the manner pro-
vided in this Part of this Act ; and
(b) shall not ply or proceed to sea or on any voyage or excursion
with any passengers on board, unless the owner or master
has the certificate from the Board of Trade as to survey under
this Part of this Act, the same being in force, and applicable
to the voyage or excursion on which the steamer is about to
proceed.
(2.) A passenger steamer attempting to ply or go to sea may be
detained until such certificate as aforesaid is produced to the proper
officer of customs.
(3.) Provided that, while a steamer is an emigrant ship and the
provisions of this Part of this Act as to the survey of the hull
machinery and equipments of emigrant ships have been complied
with, she shall not require a survey or certificate under this
section.
272.-(1.) The owner of every passenger steamer shall cause the Mode of
same to be surveyed by a shipwright surveyor of ships and an survey and
declaration
engineer surveyor of ships, the shipwright surveyor being, in the of survey.
case of an iron steamer, a person properly qualified in the opinion
of the Board of Trade to survey an iron steamer.
(2.) The surveyors, if satisfied on the survey that they can with
propriety do so, shall deliver to the owner declarations of survey in
a form approved by the Board of Trade.
(3) The declaration of the shipwright surveyor shall contain
statements of the following particulars
(a.) That the hull of the steamer is sufficient for the service
intended and in good condition :
(b.) That the boats, life buoys, lights, signals, compasses, and
shelter for deck passengers, are such, and in such condition,
as are required by this Act :
(c.) The time (if less than one year) for which the hull and
equipments will be sufficient :
(d.) The limits (if any) beyond which, as regards the hull and
equipments, the steamer is in the surveyor's judgment not fit
to ply :
125
A.D. 1894. (e.) The number of passengers which the steamer is in the judg-
ment of the surveyor fit to carry, distinguishing, if necessary,
between the respective numbers to be carried on the deck and
in the cabins and in different parts of the deck and cabins ;
those numbers to be subject to such conditions and variations,
according to the time of year, the nature of the voyage, the
cargo carried, or other circumstances, as the case requires :
(f.) That the certificates of the master and mate or mates are
such as are required by this Act.
(4.) The declaration of the engineer surveyor shall contain
statements of the following particulars, namely :-
(a.) That the machinery of the steamer is sufficient for the service
intended, and in good condition :
(b) The time (if less than one year) for which the. machinery
will be sufficient :
(c.) That the safety valves and fire hose are such and in such
condition as are required by this Act :
(d.) The limit of the weight to be placed on the safety valves :
(e.) The limits (if any) beyond which, as regards the machinery,
the steamer is in the surveyor's judgment not fit to ply :
(f) That the certificates of the engineer or engineers of the
steamer are such as are required by this Act.
Transmission
of declaration.
273.-(1.) The owner of a steamer surveyed shall within
fourteen days after the receipt by him of a declaration of survey
transmit it to the Board of Trade.
(2.) If an owner fails without reasonable cause so to transmit a
declaration of survey, he shall forfeit a sum not exceeding ten
shillings for every day during which the transmission is delayed,
and any sum so forfeited shall be payable on the granting of a
certificate in addition to the fee, and shall be applied in the same
manner as the fee.
Issue of 274. On the receipt of the declarations of survey, the Board
passenger of Trade shall, if satisfied that this Part of this Act has been
steamer's
certificate. complied with, issue in duplicate a passenger steamer's certificate,
that is to say, a certificate stating such compliance and stating,
according to the declarations-
(a) the limits (if any) beyond which the steamer is not fit to
ply ; and
(b) the number of passengers which the steamer is fit to carry,
distinguishing, if necessary, the number to be carried in each
part of the steamer, and any conditions and variations to which
the number is subject.
Appeal to 275.-(1.) If the owner of a steamer feels aggrieved by the
court of declaration of survey of a shipwright or engineer surveyor, or by
survey.
the refusal of such a surveyor to give such a declaration, he may
appeal to the court of survey for the port or district where the
steamer for the time being is, in manner directed by the rules of
that court.
(2.) On any such appeal the judge of the court of survey shall
report to the Board of Trade on the question raised by the appeal
and the Board, when satisfied that the requirements of the report
126
and of the foregoing provisions of this Part of this Act have been A.D. 1894.
complied with, may grant a passenger steamer's certificate.
(3.) Subject to any order made by the judge of the court of
survey the costs of and incidental to the appeal shall follow the
-
event.
(4.) A shipwright or engineer surveyor in making a survey of a
steamer for the purpose of a declaration of survey shall, if the
owner of the steamer so requires, be accompanied on the survey by
some person appointed by the owner, and in that case, if the sur-
veyor and the person so appointed agree, there shall be no appeal
under this section to the court of survey.
276.-(1.) The Board of Trade shall transmit the passenger Transmis-
steamer's certificate in duplicate to a superintendent or some other of
rtificate.
ce""
public officer at the port mentioned by the owner of the steamer
for the purpose, or at the port where the owner or his agent resides,
or where the steamer has been surveyed or is for the time lying.
(2.) The Board of Trade shall cause notice of the transmission to
be given to the master or owner or his agent, and the officer to
whom the certificate has been transmitted shall, on the owner,
master, or agent applying and paying the proper fee and other
sums (if any) mentioned in this Act as payable in that behalf,
deliver to him both copies of the certificate.
(3.) In proving the issue of a passenger steamer's certificate it
shall be sufficient to show that the certificate was duly received by
the said officer, and that due notice of the transmission was given
to the owner, master, or agent.
277. The grantee of a passenger steamer's certificate shall pay Fees for certi-
such fees, not exceeding those specified in Part One of the Ninth ficate.
Schedule to this Act, as the Board of Trade fix.
278.-(1.) A passenger steamer's certificate shall not be in force Duration of
certificates.
for more than one year from the date of its issue, or any shorter
time specified in the certificate, nor after notice is given by the
Board of Trade to the owner, agent, or master of the steamer, that
the Board have cancelled it.
(2.) If a passenger steamer is absent from the United Kingdom
at the time when her certificate expires, a fine shall not be incurred
for want of a certificate until she first begins to ply with passengers
after her next return to the United Kingdom.
279.-(1.) The Board of Trade may cancel a passenger steamer's Cancellation of
certificate where they have reason to believe-
certificate.
(a) that any declaration of survey on which the certificate was

founded has been in any particular made fraudulently or
erroneously ; or,
(b) that the certificate has been issued upon false or erroneous
information ; or,
(c) that since the making of the declaration, the hull, equipments,
or machinery have sustained any injury, or are otherwise
insufficient.
(2.)In every such case the Board of Trade may require the
owner to have the hull equipment or machinery of the steamer
127
[CH. 60.] Merchant Shipping Act, 1894. [571 & 58 Vim.]
A.D. 1894. again surveyed, and to transmit further' declarations of survey,

before they re-issue the certificate or grant a fresh one in lieu
thereof.
Delivery up of 280.-(1.) The Board of Trade may require it passenger
certificate. steamer's certificate, which has expired or been cancelled, to be
delivered up as they direct.
(2.) If any owner or master fails without reasonable cause to
comply with such requirement, he shall for each offence be liable to
a fine not exceeding ten pounds.
Posting up of 281.-;1.) The owner or master of every passenger steamer
certificate. requii ed to have a passenger steamer's certificate shall forthwith
on the receipt of the certificate by him or his agent cause one of
the duplicates to be put up in some conspicuous place on board the
steamer, so as to be legible to all persons on board, and to be kept
so put up and legible while the certificate remains in force, and the
steamer is in use.
(2.) If the owner or master fails without reasonable cause to
comply with this section, he shall for each offence be liable to a fine
(3.) If a passenger steamer plies or goes to sea with passengers
on board, and this section is not complied with, then for each
offence the owner thereof shall be liable to a fine not exceeding one
hundred pounds, and the master shall also be liable to a further
Penalty for 282. If any person-
forgery of (a) knowingly and wilfully makes, or assists in making, or pro-
certificate or
declaration.
d cures to be made, a false or fraudulent declaration of survey or
passenger steamer's certificate ; or
(b) forges, assists in forging, procures to be forged, fraudulently
alters, assists in fraudulently altering, or procures to be fraudu-
lently altered, any such declaration or certificate, or anything
contained in, or any signature to any such declaration or
certificate ;
demeanor.
Peralty for 283. The owner or master of any passenger steamer shall not
carrying receive on board thereof, or on or in any part thereof, any number
passengers
iu excess. of passengers which, having regard to the time, occasion, and cir-
cumstances of the case, is greater than the number allowed by the
passenger steamer's certificate, and if he does so, he shall for each
offence be liable to a fine not exceeding twenty pounds, and also to
an additional fine not exceeding five shillings for every passenger
above the number so allowed, or if the fare of any passenger on
board exceeds five shillings, not exceeding double the amount of the
fares of all the passengers above the number so allowed, reckoned
at the highest rate of fare payable by any passenger on board.
Colonial
certificates
284. Where the legislature of any British possession provides
for passenger for the survey of, and grant of certificates for, passenger steamers,
steamers. and the Board of Trade report to Her Majesty the Queen that they
are satisfied that the certificates are to the like effect, and are
granted after a like survey, and in such manner as to be equally
128
[57 & 58 VicT] Merchant Shipping Act, 1894. [CH. 60.]
efficient with the certificates granted for the same purpose in the A.D. 1894
United Kingdom under this Act, Her Majesty in Council may-
(1) declare that the certificates granted in the said British
possession shall be of the same force as if granted under this
Act ; and
(2) declare that all or any of the provisions of this Part of this
Act which relate to passenger steamer's. certificates shall, either
without modification or with such modifications as to Her
Majesty may seem necessary, apply to the certificates granted
in the said British possession ; and
(3) impose such conditions and make such regulations with
respect to the certificates, and to the use, delivery, and can-
cellation thereof, as to Her Majesty may seem fit, and impose
fines not exceeding fifty pounds for the breach of those
conditions and regulations.
General Equipment of Passenger Steamers.
285.-(1.) A sea-going passenger steamer shall have her com- EquipmeLt of
passes properly adjusted from time to time, to the satisfaction of passenger
the shiPwright b surveyor and according to such regulations as may
be issued by the Board of Trade.
,
Y-ith
comsteamerspasses,
hose, deck
(2.) A sea-going passenger steamer shall be provided with a hose shelters, and
capable of being connected with the engines of the steamer, and safety pliances.
ap-
adapted for extinguishing fire in any part of the steamer.
(3.) A home trade passenger steamer shall be provided with such
shelter for the protection of deck passengers (if any) as the Board
of Trade, having regard to the nature of the passage, the number of
deck passengers to be carried, the season of the year, the safety of
the ship, and the circumstances of the case, require.
(4.) A passenger steamer shall be provided with a safety valve on
each boiler, so constructed as to be out of the control of the engineer
when the steam is up, and, if the safety valve is in addition to the
ordinary valve, so constructed as to have an area not less, and a
pressure not greater, than the area of and pressure on the ordinary
valve.
(5.) If a passenger steamer plies or goes to sea from a port in
the United Kingdom without being equipped as required by this
section, then, for each matter in which default is made, the owner
(if in fault) shall be liable to a fine not exceeding one hundred
pounds, and the master (if in fault) shall be liable to a fine not
exceeding fifty pounds.
286. A person shall not increase the weight on the safety valve ProhD ition of
of a passenger steamer beyond the limits fixed by the surveyor, and, ...rearing
weight an
if he does so, he shall, in addition to any other liabilitY he maY saE'oty vh-e,
incur by so doing, be liable for each offence to a fine not exceeding
one hundred pounds.
Keeping Order in Passenger Steamers.
287.-(1.) If any of the following offences is committed in the Offences connexion
in
case of a passenger steamer for which there is a passenger steamer's with passenger
certificate in force; (that is to say,) steamers.
(a.) If any person being drunk or disorderly has been on that
account refused admission thereto by the owner or any person
I 129
A.D. 1894. in his employment, and, after having the amount of his fare
-- (if he has paid it) returned or tendered to him, nevertheless
persists in attempting to enter the steamer :
(b.) If any person being drunk or disorderly on board the steamer
is requested by the owner or any person in his employ to leave
the steamer at any place in the United Kingdom, at which
he can conveniently do so, and, after having the amount of his
fare (if he has paid it) returned or tendered t) him, does not
comply with the request :
(c.) If any person on board the steamer, after warning by the
master or other officer thereof, molests or continues to molest
any passenger :
(d.) If any person, after having been refused admission to the
steamer by the owner or any person in his employ on account
of the steamer being full, and having had the amount of his
fare (if he has paid it) returned or tendered to him, neverthe-
less persists in attempting to enter the steamer :
(e.) If any person having gone on board the steamer at any
place, and being requested, on account of the steamer being
full, by the owner or any person in his employ to leave the
steamer, before it has quitted that place, and having had the
amount of his fare (if he has paid it) returned or tendered to
him, does not comply with that request :
,(f) If any person travels or attempts to travel in the steamer
without first paying his fare, and with intent to avoid payment
thereof :
(g.) If any person, having paid his fare for a certain distance,
knowingly and wilfully proceeds in the steamer beyond that
distance without first paying the additional fare fbr the
additional distance, and with intent to avoid payment thereof :
(h.) If any person on arriving in the steamer at a point to which
he has paid his fare knowingly and wilfully refuses or neglects
to quit the steamer : and
(i.) If any person on board the steamer fails, when requested by
the master or other officer thereof, either to pay his fare or
exhibit such ticket or other receipt, if any, showing the pay-
ment of his fare, as is usually given to persons travelling by
and paying their fare for the steamer :
the person so offending shall for each offence be liable to a fine not
exceeding forty shillings, but that liability shall not prejudice the
recovery of any fare payable by him.
(2.) If any person on board any such steamer wilfully does or
causes to be done anything in such a manner as to obstruct or
injure any part of the machinery or tackle of the steamer, or to
obstruct, impede, or molest the crew, or any of them, in the navi-
gation or management of the steamer, or otherwise in the execution
of their duty on or about the steamer, he shall for each offence be
liable to a fine not exceeding twenty pounds.
(3.) The master or other officer of any such steamer, and all
persons called by him to his assistance, may, without any warrant,
130
[57 & 58 VICT:] 111erchant Shipping Act, 1894: [CII. `60 ]"
detain any person who commit, any offence 'against this`yection A.D.1.894.
,and whose naive,and address are unknown to the master or officer,
and convey the offender with all convenient despatch before some'
justice of the peace to be dealt with according' to law; and that
justice shall with all convenient despatch try the case in a summary
manner.
(4.) If any person commits an offence against this section and
.on the application of the master of the steamer, or any other person
in the employ of the owner thereof, refuses to give his name and
address, or gives a false name or address, that person shall be liable
to a fine not exceeding- twenty pounds, and the fine shall be paid to
the owner of the steamer.
288. The master of any home trade passenger steamer may Power to
refuse to receive on board thereof any person who by reason of exclude
drunkenness or otherwise is in such a state, or misconducts himself drunken
senge
pas-
such a manner, as to cause annoyance or injury to passengers home trade
,on board, and if any such person is on board, may put him on passenger
steamers.
shore at any convenient place ; and a person so refused admittance
,or put on shore shall not be entitled to the return of any fare he
has paid.
3. EMIGRANT SHIPS.
Survey of Emigrant Ships.

289.-(1.) An emigrant ship, in respect of which a passenger Preliminary
steamer's certificate is not in force, shall not clear outwards or esurvey of
migrant ship.
proceed to sea on any voyage unless she has been surveyed under
the direction of the emigration officer at the port of clearance, but
.at the expense of the owner or charterer thereof, by two or more
competent surveyors to be appointed at any port in the British
Islands where there is an emigration officer by the Board of Trade,
and at other ports by the Commissioners of Customs, and has been
reported by such surveyors to be in their opinion seaworthy and
fit for her intended voyage.
(2.) The survey shall be made before any portion of the cargo is
taken on board, except so much as may be necessary for ballasting
the ship, and such portion of cargo if laden on board shall be
shifted, if required by the emigration officer or the surveyors,
so as to expose to view successively every part of the frame of the
ship.
(3.) If any such surveyors report that the ship is not seaworthy,
or not fit for her intended voyage, the owner or charterer may, if
he thinks fit, by writing under his hand require the emigration
officer to appoint three other competent surveyors (of whom two at
least must be shipwrights) to survey the ship at the expense of the
owner or charterer, and the said officer shall thereupon appoint such
surveyors, and they shall survey the ship and if by unanimous
report under their hands, but not otherwise, they declare the ship
to be seaworthy and fit for her intended voyage, the ship shall for
the purposes of this Part of the Act be deemed- searworthy'°and fit
for that voyage.
1 2 131
[Cx. 60.1 Merchant Shipping Act, 1894. [57 & 58 VIOT.)
A,D. 1894. (4.) If any requirement of this section is not complied with in
the case of any emigrant ship, the owner charterer or master of the
ship or any of them shall for each offence be liable to a fine not
Equipments.
Equipment
with com-
290.-(l.) Every emigrant ship shall, in addition to any other
passes, chrono-
requirement under this Act, be provided with the following articles ;
fire n mely,
engine, (a.) With at least three steering compasses, and one azimuth
anchors, &C.
compass ; and
(b.) If proceeding to any place north of the Equator, with at least
one chronometer; and
(c.) If proceeding to any place south of the Equator, with at least
two chronometers ; and
(d.) With a fire engine in proper working order and of such
description and power, and either with or without such other
apparatus for extinguishing fire as the emigration officer may
approve; and
(e.) With three bower anchors of such weight and with cables
of such length, size, and material, as in the judgment of the
emigration officer are sufficient for the size of the ship; and
(f.) If a foreign ship, with four properly fitted lifebuoys kept
ready at all times for immediate use; and
(g.) Adequate means, to be approved by the emigration officer at
the port of clearance, of making signals by night.
(2.) If any requirement of this section is not complied with in
the case of any emigrant ship, the master of that ship shall for
each offence be liable to a fine not exceeding fifty pounds.
Number of, and Accommodation for, Passengers.

Regulations as
to carrying of
291.-(1.) A ship shall not carry passengers, whether cabin or
passengers
steerage passengers, on more than two decks, except that cabin
generally. passengers not exceeding one for every hundred tons of the ship's
registered tonnage, and sick persons placed in hospital as herein-
after provided may be carried in a poop or deck house, although
passengers are carried on two other decks.
(2.) If steerage passengers are carried under the poop, or in a
round house, or deck house, the poop, round house, or deck house
shall be properly built and secured to the satisfaction of the
emigration officer at the port of clearance.
the case of any ship, the master of the ship shall for each offence be
liable to a fine not exceeding five hundred pounds.
Limit of
number of
292.-(1.) The number of steerage passengers carried in an
steerageias- emigrant ship shall not exceed the number limited by the regulations
y
sengers to be in the Tenth Schedule to this Act.

carried on (2.) If there is on board any emigrant ship at or after the time
emigrant ships.
of clearance a greater number of steerage passengers than the number
so limited (except as increased by births at sea), the master of the
132
[57 & 58 VICT] Merchant Shipping Act, 1894. [Cu. 80.]
ship shall be liable to a fine not exceeding twenty pounds for each A.D. 1894.
steerage passenger constituting such excess.
293.-(1.) The regulations as to the accommodation for steer-
-
Regulations as
age passengers in the Eleventh Schedule to this Act, relating to t aag
on of st
the construction of passenger decks, to berths, to hospitals, to passengers.
privies, and to the supply of light and ventilation, shall be observed
in the case of all emigrant ships as if they were contained in this
section.
the case of any emigrant ship, the owner charterer or master of
the ship or any of them shall for each offence be liable to a fine
not exceeding fifty pounds, except that the master shall alone be
liable to the fine where he is in any such regulation expressed to
be alone liable.
294.-(1) No part of the cargo or of the steerage passengers Stowage
luggage, or f the provisions, water, or stores, whether for the use goods.
of the steerage passengers or of the crew, shall be carried on the
upper deck or on the passenger decks, unless in the opinion of the
emigration officer at the port of clearance the same is so placed as
not to impede light or ventilation or to interfere with the comfort
of the steerage passengers, nor unless the same is stowed and
secured to the satisfaction of the emigration officer ; and the
space thereby occupied or rendered in the opinion of such officer
unavailable for the accommodation of the steerage passengers,
shall (unless occupied by the said steerage passengers luggage)
be deducted in calculating the space by which the number of
steerage passengers is regulated.
the case of any emigrant ship, the owner charterer or master or
any of them shall for each offence be liable to a fine not exceeding
three hundred pounds.
Provisions, Water, and Medical Stores.

295.-(1.) There shall be placed on board every emigrant ship, supply of
.for the steerage passengers provisions and water of good and provisions
water.
and
wholesome quality and in sweet and good condition, and in

quantities sufficient to secure throughout the voyage the issues
required by this Part of this Act.
(2.) In addition to the allowance of pure water for each steerage
passenger, water shall be shipped for cooking purposes sufficient
to supply ten gallons for every day of the length of the voyage
as determined under this Part of this Act for every one hundred
statute adults on board.
(3.) There shall also be shipped for the use of the crew and all
other persons on board an ample amount of wholesome provisions
and pure water, not inferior in quality to the provisions and water
provided for the steerage passengers.
(4.) All such water and provisions shall be provided and stowed
away by and at the expense of the owner, charterer, or master of
the ship.
133
[CB. 60.] 1lferclutnt Sh ppiitrj Act, 1894. [57 & 53 VIM-.
(5.) If any emigrant ship obtains a clearance without being

--
A.D. 1894.
provided with the requisite quantities of water and provisions
in accordance with this section, the owner charterer or master of
that ship or any of their shall for each offence be liable to a fine
not exceeding three hundred pounds.
(6.) Before an emigrant ship is cleared outwards, the emigration.
officer at the port of clearance shall survey or cause to be surveyed
by some competent person the provisions and water by this Act
required to be placed on board for the steerage passengers, and shall
satisfy himself that the same are of good and wholesome quality
and in sweet and good condition, and in the quantities required
by this Act.
(7.) If the emigration officer considers that any part of the.
provisions or water is not of a good and wholesome quality, or is
not in sweet and good condition, he may reject and mark the-
same, or the packages or vessels in which it is contained, and
direct the same to be forthwith landed or emptied.
(8.) If the same are not forthwith landed or emptied, or if after
being landed the same or any part thereof are reshipped in the
ship, the owner charterer or master of the ship or any of them,.
or, if the same are shipped in any other emigrant ship, then the
person causing the same to be so shipped, shall for each offence be
Mode of
carrying «ater,
296.-(1.) The water to be placed on board emigrant ships as,
herein-before provided shall be carried in tanks or casks approved
by the emigration officer at the port of clearance, and the casks.
shall be sweet and tight, of sufficient strength, and if of wood
properly charred inside, and the staves shall not be made of fir,.
pine, or soft wood, and each cask shall not be capable of containing
more than three hundred gallons.
(2.) If any requirement of this section is not complied with in.
the case of any emigrant ship, the owner charterer or master of
the ship, or any of them, shall for each offence be liable to a fine.
not exceeding fifty pounds.
Provision for
touching at
297. If an emigrant ship is intended to call at any inter-
intermediate mediate port during the voyage for the purpose of taking in water,
ports to take and if an engagement to that effect is inserted in the master's bond'
in water. herein-after mentioned, it shall be sufficient to place on board at
the port of clearance such supply of water its is required by this
Part of this Act for the voyage to the intermediate port, subject
to the following conditions ; (that is to say,)
(i) The emigration officer at the port of clearance shall approve
in writing the arrangement, and the approval shall be carried
among the ship's papers, and shall be exhibited at the inter-
mediate port and delivered on the arrival of the ship at her
final port of discharge to the chief officer of customs, or British
consular officer, as the case may he :
(ii.) If the length of either portion of the voyage, whether to the.
intermediate port, or from the intermediate port to the final
port of discharge, is not determined under this Part of this.
Act, the emigration officer at the port of clearance shall
134
declare the same in writing as part of his said approval of the A.U. 1894.
arrangement :
(iii.) The ship shall have on board at the time of clearance such
--
tanks and water casks of the description by this Part of this
Act required, as are sufficient for stowing the quantity of
water required for the longest of the aforesaid portions of the
voyage.
298.-(1.) The master of every emigrant ship shall during the Issue of orate:
provisions
voyage, including the time of detention at any place before the or during voyage
termination thereof, issue to each steerage passenger, or where the
steerage. passengers are divided into messes, to the head man for
the time being of each mess, on behalf and for the use of all the
members thereof, an allowance of pure water, and sweet and whole-
some provisions of good quality, in accordance with the dietary
scales in the Twelfth Schedule to this Act, which shall have effect
as if they were contained in this section.
(2.) The Board of Trade may, by notice published in the London
Gazette, add to the dietary scales in the said schedule any dietary
scale which in their opinion contains in the whole the same amount
of wholesome nutriment as any scale in that schedule, and any
dietary scale so added, inclusive of any regulations relating thereto,
shall have effect as if they were contained in the said schedule as an
alternative of the dietary scales therein contained, and accordingly
a master of a ship may issue provisions according to the latter scales
or to any scale so added, whichever is mentioned in the contract
ticket of the steerage passengers.
the case of any emigrant ship the master of the ship shall for each
offence be liable to a fine not exceeding fifty pounds.
299. The Board of Trade if satisfied that the food, space, Power ofofTrade
eship
accommodation, or any other particular or thing provided in an Board
emigrant for any class of passengers, whether cabin or ships.
steerage, is superior to the food, space, accommodation, or other
to exempt
particular or thing required by this Part of this Act, may exempt

that ship from any requirement of this Part of this Act with
respect to food, space, or accommodation, or other particular or
thing, in such manner and upon such conditions as the Board think
fit.
300.-(1.) The owner or charterer of every emigrant ship shall Medical stores.
provide for the use of the steerage passengers a supply of the
following things (in this Part of this Act referred to as medical
stores), namely, medicines, medical comforts, instruments, disin-
fectants, and other things proper and necessary for diseases and
accidents incident to sea voyages and for the medical treatment of
the steerage passengers during the voyage, with written directions
for the use of such medical stores.
(2.) The medical stores shall, in the judgment of the emigration
officer at the port of clearance, be good in quality and sufficient in
quantity for the probable exigencies of the intended voyage, and
shall be properly packed, and placed under the charge of the
135
[Cu. 60.] Merchant Sitppiitg Act, 1894. [57 & 58 Vie,'.
A.. 1894. medical practitioner, when there is one on board, to be used at his
discretion.
(3.) If any of the above requirements of this section is not
complied with in the case of an emigrant ship, the master of the
ship shall for each offence be liable to a fine not exceeding fifty
pounds.
(4.) An emigrant ship shall not clear outwards or proceed to sea
unless a medical practitioner appointed by the emigration officer at
the port of clearance has inspected the said medical stores, and
certified to the emigration officer that they are sufficient in quantity
and quality, or unless the emigration officer, in case he cannot
on any particular occasion obtain the attendance of a medical
practitioner, gives written permission for the purpose.
(5.) If an emigrant ship clears outwards or proceeds to sea
without such certificate or permission, the master of the ship shall
for each offence be liable to a fine not exceeding one hundred
pounds.
Dangerous Goods, and Carriage of Cattle.
Regulations as 301.-(1.) Subject to the provisions of this Part of this Act as
to carriage of to military stores, an emigrant ship shall not clear outwards or
dangerous
goods, and of proceed to sea, if there is on board-
horses and (a) as cargo, any article which is an explosive within the
cattle. meaning of the Explosives Act, 1875, or any vitriol, lucifer
38 & 39 \'iet. matches, guano, or green hides, or
17.
(b) either as cargo or ballast, any article or number of articles
which by reason of the nature, quantity, or mode of stowage
thereof are, either singly or collectively, in the opinion of the
emigration officer at the port of clearance, likely to endanger
the health or lives of the steerage passengers or the safety of
the ship, or
(c) as cargo, horses or cattle or other animals mentioned in the
Thirteenth Schedule to this Act, except they are carried on the
conditions stated in that schedule, which shall have effect as if
contained in this section.
the case of any ship, the owner charterer or master of the ship or
any of them, shall for each offence be liable to fine not exceeding
three hundred pounds.
Carriage of
military stores.
302.-(1.) A Secretary of State may, by order under his hand,
authorise the carriage as cargo in any emigrant ship (subject to
such conditions and directions as may be specified in the order) of
naval and military stores for the public service, and those stores
may be carried accordingly.
(2.) The order shall be addressed to the emigration officer and
shall be by him countersigned, and delivered to the master of the
ship to which it refers, and shall be delivered up by the master
to the chief officer of customs at the port where the stores are
discharged.
(3.) The master shall comply with all the conditions and
directions in the order, and, if he fails to do so, shall for each
offence be liable to a fine not exceeding three hundred pounds.
186
"[57 & 58 V1CT.] Merchant Shipping Act, 1894. [CH., 60.]
Medical Officer, Staff, and Crew. A.D. 1894.
303.-(1.) Subject to any regulations made by Order in Council Medical

under this Part of this Act, a duly authorised medical practitioner practitioners.
shall be carried on board an emigrant ship-
(a) where the number of steerage passengers on board exceeds
fifty ; and also
(b) where the number of persons on board (including cabin
passengers, officers, and crew) exceeds three hundred.
(2.) A medical practitioner shall not be considered to be duly
authorised for the purposes of this Act unless-
(a) he is authorised by law to practise as a legally qualified
medical practitioner in some part of Her Majesty's dominions,
or, in the case of a foreign ship, in the country to which that
ship belongs : and
(b) his name has been notified to the emigration officer at the
port of clearance, and has not been objected to by him :
and
(c) he is provided with proper surgical instruments to the satis-
faction of that officer.
(3.) When the majority of the steerage passengers in any emi-
grant ship, or as many as three hundred of them, are foreigners,
any medical practitioner whether authorised or not may, if approved
by the emigration officer, be carried therein.
(4.) Where a medical practitioner is carried on board an emigrant
ship he shall be rated on the ship's articles.
the case of any emigrant ship, the master of the ship shall for each
offence be liable to a fine not exceeding one hundred pounds.
(6.) If any person proceeds or attempts to proceed as medical
practitioner in any emigrant ship without being duly authorised,
or contrary to the requirements of this section, that person and any
person aiding and abetting him shall for each offence be liable to a
304.-(1.) Every emigrant ship, if carrying as many as one steerage
hundred steerage passengers, shall carry a. steerage steward, who passengers
shall be a seafaring man, and rated in the ship's articles as cooksand
steerage steward, and approved by the emigration officer at the interpreters.
port of clearance : he shall be employed in messing and serving
out the provisions to the steerage passengers, and in assisting
to maintain cleanliness, order, and good discipline among them,
and shall not assist in any way in navigating or working the
ship.
(2.) Every emigrant ship carrying as many as one hundred
steerage passengers shall also carry a steerage cook, and if carrying
more than three hundred statute adults two steerage cooks, who
shall be seafaring men, and be rated and approved as in the case of
steerage stewards, and shall be employed in cooking the food of the
steerage passengers.
(3.) In every such ship a convenient place for cooking shall be
set apart on deck, and a sufficient cooking apparatus, properly
covered in and arranged, shall be provided, to the satisfaction of
137
[Ca. 60.] Merchant Shipping Act, 1894. [57 & 58 Vim]
A.D. 1894. the emigration officer at the port of clearance, together with a
proper supply of fuel adequate, in his opinion, for the intended
voyage.
(4.) Every foreign emigrant ship in which as many as one half
of the steerage passengers are British subjects, shall, unless the
master and officers or not less than three of then understand and
speak intelligibly the English lanbi tge, carry, if the number of
steerage passengers does not exceed two hundred and fifty, one
person, and if it exceeds two hundred and fifty, two persons, who
understand and speak intelligibly the language spoken by the
master and crew and also the English ltinguage : those persons.
shall act as interpreters, and be employed exclusively in attendance
on the steerage passengers, and not in working the ship ; and any
such ship shall not clear outwards or proceed to sea without having
such interpreter on board.
(s .) If any requirement of this section is not complied with in
the case of any emigrant ship, the master of the ship shall for each
Crew of
emigrant ship.
305.-(1.) Every emigrant ship shall be manned with an
efficient crew for her intended voyage, to the satisfaction of the
emigration officer from whom a certificate for clearance for such
ship is demanded : after the crew have been passed by the emigra-
tion officer, the strength of the crew shall not be diminished nor
any of the men changed without the consent in writing either
of that emigration officer or of the superintendent at the port of
clearance.
(2.) Where the consent of a superintendent has been obtained, it
shall, within twenty-four hours thereafter, be lodged with the said
emigration officer.
(3.) If the emigration officer considers the crew inefficient, the
owner or charterer of the ship may appeal in writing to the Board
of Trade, and the Board shall, at the expense of the appellant,
appoint two other emigration officers or two competent persons to
examine into the matter, and the unanimous opinion of the persons
so appointed, expressed under their hands, shall be conclusive on
the point.
the case of any emigrant ship, the master of that ship shall for each
offence be liable to a fine not exceeding fifty pounds
Medical Ifs/)eetiof.
Medical in- 306.-(1.) An emigrant ship shall not clear outwards or proceed
spection of to sea until-
steerage pas-
sengers and (a) either a medical practitioner, appointed by the emigration
crew. .officer at the port of clearance, has inspected all the steerage
passengers and crew about to proceed in the ship, and has
certified to the emigration officer, and that officer is satisfied,,
that none of the steerage passengers or crew appear to be by
reason of any bodily or mental disease unfit to proceed, or
likely to endanger the health or safety of the other persons.
about to proceed in the ship ; or
138
(b) the emigration officer, if he. cannot on any particular occasion li.D. 1894.
obtain the attendance of a medical practitioner, grants written
permission for the purpose.
--
(2.) The inspection shall take place either on board the ship, or,
in the discretion of the emigration officer, at such convenient place
on shore before embarkation, as lie appoints, and the master, owner,
or charterer of the ship shall pay to the emigration officer in respect
of the inspection such fee not exceeding twenty shillings for every
hundred persons or fraction of a hundred persons inspected, as the
Board of Trade determine.
(3.) If this section is not complied with in the case of any,
emigrant ship, the master of the ship shall for each offence be liable
to a fine not exceeding one hundred pounds.
307.-(1.) If the emigration officer is satisfied that any person Relanding of
on board or about to proceed in any emigrant ship is by reason of persons for
magical
sickness unfit to proceed, or is for that or anyan other reason in a reasons.
condition likely to endanger the health or safety of the other
persons on board, the emigration officer shall prohibit the embark-
ation of that person, or, if lie is embarked, shall require him to be
relanded ; and if the emigration officer is satisfied that it is
necessary for the purification of the ship or otherwise that all or
any of the persons on board should be relanded, he may require the
master of the ship to reland all those persons, and the master shall
thereupon reland those persons, with so much of their effects and
with such members of their families as cannot in the judgment of
such emigration officer be properly separated from them.
the case of any emigrant ship, the master owner or charterer of the
ship, or any of them, shall for each offence be liable to a fine not
exceeding two hundred pounds.
(3.) If any person embarks when so prohibited to embark, or
fails without reasonable cause to leave the ship when so required
to be relanded, that person may be summarily removed, and shall
be liable to a fine not exceeding forty shillings for each day during
which he remains on board after the prohibition or requirement.
(4.) Upon such relanding the master of the ship shall pay to
each steerage passenger so relanded, or, if he is lodged and main-
tained in any hulk or establishment under the superintendence of
the Board of Trade, then to the emigration officer at the port,
subsistence money at the rate of one shilling and sixpence a day
for each statute adult until he has been re-embarked or declines
or neglects to proceed, or until his passage money, if recoverable
under this Part of this Act, has been returned to him.
308. When a person has been relanded from an emigrant ship Return of
on account of the sickness of himself or of any member of his Passage money
family, and is not re-embarked or does not finally sail in that ship, to Pn
he, or any emigration officer on his behalf, shall be entitled, on medical
oed
delivery up of his contract ticket, and notwithstanding that the reasons,
ship has not sailed, to recover summarily, in the case of a steerage
passenger the whole, and in the case of a cabin passenger one half,
of the money paid by or. on account of the passenger and of the
139
*[Ca. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT]
A.D. 1894. members of his family relanded, from the person to whom
the
same was paid, or from the owner, charterer, or master of the ship,
or any of them, at the option of the person recovering the same.
Master's Bond.
Bond to be 309.-(1.) Before an emigrant ship clears outwards or proceeds
given by to sea, the master, together with the owner or charterer, or in the
master of
emigrant ship. event of the owner or charterer being absent or being the master,
one other good and sufficient person approved by the chief officer
of customs at the port of clearance, shall enter into a joint and
several bond (in this Act referred to as the master's bond) in the
sum of two thousand pounds, to the Crown.
(2.) The bond shall be executed in duplicate, and shall not be
liable to stamp duty.
(3.) Where neither the owner nor the charterer of an emigrant
ship resides in the British Islands, the bond shall be for the sum
of five thousand instead of two thousand pounds, and shall contain
an additional condition for the payment to the Crown, as a Crown
debt, of all expenses incurred under this Act in rescuing, main-
taining, and forwarding to their destination, any steerage passengers
carried in the ship who by reason of shipwreck or any other cause,
except their own neglect or default, are not conveyed by or on
behalf of the owner, charterer, or master of the ship to their
intended destination.
Evidence of 310.-(1.) Where an emigrant ship is bound to a British posses-
bond, sion the chief officer of customs at the port of clearance shall certify
on one part of the master's bond that it has been duly executed
by the master of the ship and the other person bound, and shall
forward the same to the governor of the said possession or to such
person as the governor may appoint for that purpose.
(2.) The certificate shall, in any court of a British possession in
which the bond may be put in suit, be conclusive evidence of the
due execution of the bond by the master and the other person
bound, and it shall not be necessary to prove the handwriting of
the officer of customs who signed the certificate, nor that he was
at the time of signing it chief officer of customs at the port of
clearance.
(3.) Any such bond shall nr,t be put in suit in a British posses-
sion after the expiration of three months next after the arrival
of the ship in that possession, nor in the British Islands after
the expiration of twelve months next after the return of the
ship and of the master to the British Islands.
Passengers Lists.
Passengers
lists.
311.-(1.) The master of every ship carrying steerage pas-
sengers on a voyage from the British Islands to any port out of
Europe and not within the Mediterranean Sea, or on a colonial
voyage as herein-before defined, shall, before demanding a clearance
for his ship, sign in duplicate a passengers list, that is to say a
list correctly setting forth the name and other particulars of the
140
ship and of every passenger, whether cabin or steerage, on board A.D. 1894.
thereof.
(2.) The passengers lists shall be countersigned by the emigra-
tion officer if there is one at the port, and then delivered by
the master to the officer of customs from whom a clearance is
demanded, and that officer shall thereupon countersign and
return to the master one duplicate (in this Part of this Act
referred to as the " master's list "), and shall retain the other
duplicate.
(3.) If any requirement of this section to be observed by the
master is not complied with in the case of any ship or any passengers
list is wilfully false, the master of the ship shall for each offence be
312.-(1.) If at any time after the passengers list has been Lists of pas-
sianed and delivered as aforesaid any additional passenger (whether seogers em-
cabin or steerage) i s taken on board, the master shall add to the barked after
clearance.
master's list, and also enter on a separate list signed by him the
names and other particulars of every such additional passenger.
(2.) The separate list shall be countersigned by the emigration
officer, where there is one at the port, and shall, together with the
master's list to which the addition has been made, be delivered to
the chief officer of customs at the port, who shall thereupon counter-
sign the master's list, and return the same to the master, and shall
retain the separate list, and so on in like manner whenever any
additional passenger is taken on board.
(3.) If there is no officer of customs stationed at the port where
an additional passenger is taken on board, the said lists shall
be delivered to the officer of customs at the next port having
such an officer at which the vessel arrives, to be dealt with as
herein-before mentioned.
(4.) When any additional passenger is taken on board the master
shall, before the ship proceeds to sea, obtain a fresh certificate
from the emigration officer of the port that all the requirements
of this Part of this Act have been complied with.
the case of any ship, the master of that ship shall for each offence
be liable to a fine not exceeding fifty pounds.
313.-(1.) If a person is found on board an emigrant ship with Attempt to
intent to obtain a passage therein without the consent of the owner, gain passage
without
charterer, or master thereof, he and any person aiding and abetting
him, shall be liable to a fine not exceeding twenty pounds, and
in default of payment to imprisonment for a period not exceeding
three months, with or without hard labour.
(2.) Any person so found on board may, without warrant, be
taken before a justice of the peace to be dealt with according to law,
and that justice may try the case in a summary manner.
Certificate for Clearance.
314.-(1.) A ship fitted or intended for the carriage of steerage Certificate for
passengers as an emigrant ship shall not clear outwards or proceed clearance.
to sea until the master has obtained from the,emigration officer at
141,
[CHo .60:]. Merchant Shipping Act, 1894: [57 & 58 VIcT:]
A.D. 1894. the port of clearance a certificate for clearance, that is to ;say :a
, - :
certificate that all the requirements of this Part of this Act, so

far as the same can be complied with before the departure of
the'ship, have been duly complied with, and that the ship is in his
opinion seaworthy, in safe trim, and in all respects fit for her
intended voyage, and that the steerage passengers and crew are
in a fit state to proceed, and that the master's bond has been duly
executed.
(2.) If the emigration officer refuses to grant such certificate,
the owner or charterer of the ship may appeal in writing to the
Board of Trade, and that Board shall thereupon appoint any two
other emigration officers or any two competent persons to examine
into the matter at the expense of the appellant, and if the officers
or persons so appointed grant the master of the ship under their
joint hands a certificate to the same purport as the certificate for
clearance, it shall be of the same effect as a certificate for clearance.
Facilities to 315 (1.) The master of every ship, whether an emigrant ship
be given for
the inspection or not, which is fitting or intended for the carriage .,of steerage
of ships. passengers, or which carries steerage passengers on a voyage from
the British Islands to any port out of Europe and not within the
Mediterranean Sea, or on a colonial voyage as herein-before defined,
shall afford to the emigration officer at any port in Her Majesty's
dominions, and, in the case of British ships, to the British consular
officer at any port elsewhere at which the ship is or arrives, every
facility for inspecting the ship, and for communicating with the
steerage passengers and for ascertaining that this Part of this Act,
so far as applicable to the ship, has been duly complied with.
(2.) If the master of any ship fails to comply with this section,
he shall for each offence be liable to a fine not exceeding fifty
pounds.
Ships putting 316.-(1.) If any emigrant ship, after clearance, is detained in
back to report for more than seven days, or puts into or touches at any port
plenish pro-
visions, &c. in the British Islands, she shall not proceed to sea again until-
(a) there has been laden on board, at the expense of the -owner,
charterer, or master of the ship, such further supply of pure
water, wholesome provisions of the requisite kinds and qualities,
and medical stores, as is necessary to make up the full
quantities of those articles required under this Part of this
Act to be laden on board for the intended voyage ; and
(b) any damage which the ship has sustained has been effectually
repaired ; and
(c) the master of the ship has obtained from the emigration
officer a certificate for clearance to the same effect as the
certificate for clearance at her port of departure.
the case of any emigrant ship, the master shall for each offence be
Emigrant
ships putting
317.-(1.) If any emigrant ship, after clearance, puts into or
back to be
touches=at any port in the British Islands, the master shall, within
reported to twelve hours thereafter, report in writing his arrival, and the cause
emigration of, his putting back, and the condition of his ship and of her
officer.
142
[57 & 58 Vicr.] Merchant Shipping Act, 1894. [Ca. 60.1
provision water, and medical stores to the emigration officer at the A.D.1894.
port, and shall produce to that officer the master's list of passengers.
(2.) If the master of an emigrant ship fails to comply with this
twenty pounds.
318.-(1.) If the owner of an emigrant ship is aggrieved by the cAppeal to
refusal by an emigration officer of a certificate for clearance, he may survey.
appeal to a court of survey for the port or district where the ship
for the time being is in manner directed by the rules of that court.
(2.) The judge of the court of survey shall report to the Board of
Trade on the question raised by the appeal, and that Board, if
satisfied that the requirements of the report and of this Part of this
Act have been complied with, may grant or direct the emigration
officer to grant a certificate for clearance.
(3.) Subject to any order made by the judge of the court of
survey, the costs of and incidental to the appeal shall follow the
event.
(4.) Where a survey of a ship is made for the purpose of a
certificate for clearance, the person so appointed to make the survey
shall, if so required by the owner, be accompanied on the survey
by some person appointed by the owner, and in such case if the
said two persons agree there shall be no appeal to the court of
survey in pursuance of this section.
319.-(1.) If any emigrant ship- Forfe;ture of
(a) proceeds to sea without the master having obtained the ship proceeding
to sea without
certificate for clearance ; or certificate for
(b) having proceeded to sea, puts into any port in the British clearance.
Islands in a damaged state, and leaves or attempts to leave
that port with steerage passengers on board without the
master having obtained the proper certificate for clearance ;
that ship shall be forfeited to the Crown, and may be seized by any
officer of customs if found within two years from the commission
of the offence in any port in Her Majesty's dominions, and shall
thereupon be dealt with as if she had been seized as forfeited under
the laws relating to the customs.
(2.) The Board of Trade may release, if they think fit, any such
forfeited ship, on payment, to the use of the Crown, of such sum
not exceeding two thousand pounds as the Board specify.
Passengers Contracts.
320.--(1.) If any person, except the Board of Trade and persons Contract
acting for them and under their direct authority, receives money r
epassengers.
from any person for or in respect of a passage as a steerage pas-
senger in any ship, or of a passage as a cabin passenger in any
emigrant ship, proceeding from the British Islands to any port out
of Europe and not within the Mediterranean Sea, he shall give to
the person paying the same a contract ticket signed by or on
behalf of the owner, charterer, or master of the ship, and printed in
plain and legible characters.
(2.) The contract ticket shall be in a form- approvedrby the Board
of Trade and published in the London Gazette, and any directions
143_
A.D. 1894. contained in that form of contract ticket not being inconsistent
with this Act shall be obeyed as if set forth in this section.
fifty pounds.
(4.) Contract tickets under this section shall not be liable to
stamp duty.
Summary 321.-(1.) Any question which arises respecting the breach or
remedy for non-performance of any stipulation in any such contract ticket
breach of
contract.
may, at the option of any passenger interested, whether a steerage
or a cabin passenger, be tried before a court of summary jurisdiction,
and the court may award to the complainant such damages and
costs as they think just, not exceeding the amount of the passage
money specified in the contract ticket and twenty pounds in
addition.
(2.) But if a passenger has obtained compensation or redress
under any other provision of this Act, he shall not be entitled to
recover damages under this section in respect of the same matter.
Penalty for 322. If a passenger whether a steerage or a cabin passenger
failure to fails, without reasonable cause, on demand of any emigration officer,
produce con-
tract ticket. to produce his contract ticket, and if any owner, charterer, or
master of a ship, on like demand, fails without reasonable cause to
produce for the inspection of such emigration officer and for the
purposes of this Act the counterpart of any contract ticket issued
by him or on his behalf, the passenger, owner, charterer, or master,
as the case may be, shall for each offence be liable to a fine not
Penalty for 323. If any person, after the issue of a contract ticket and
altering, or during the continuance of the contract of which that ticket is
inducing any
one to part evidence, alters that ticket, or induces any person to part with it,
with, contract or renders useless, or destroys it, he shall (except it is the contract
ticket.
ticket of a cabin passenger who consents) for each offence be liable
Regulations as to Steerage Passengers.

Sanitary and 324. Her Majesty may by Order in Council make regulations-
other regula- (i) for preserving order, promoting health, and securing clean-
tions by Order
in Council. liness and ventilation on board emigrant ships proceeding from
the British Islands to any port in a British possession ; and
(ii) for' prohibiting emigration from any port at any time when
choleraic or any epidemic disease is generally prevalent in the
British Islands or any part thereof ; and
(iii) for reducing the number of steerage passengers allowed to
be carried in any emigrant ship, either generally or from any
particular ports in the British Islands ; and
(iv) for permitting the use on board emigrant ships of apparatus
for distilling water and for defining in such case the quantity
of fresh water to be carried in tanks and casks for the steerage
passengers under the foregoing provisions of this Part of this
Act ; and
144
(v) for requiring duly authorised medical practitioners to be A.D. 1894.
carried ' in emigrant ships where they would not otherwise
under this Part of this Act be required to be carried.
--
325.-(1.) In every emigrant ship the medical practitioner aided Discipline on
by the master or, in the absence of the medical practitioner, the board.
master, shall exact obedience to all regulations made by any such
Order in Council as aforesaid.
(2.) If any person on board-
(a) fails without reasonable cause to obey, or offends against,
any such regulation or any provision of this Part of this Act,
or
(b) obstructs the master or medical practitioner in the execution
of any duty imposed upon him by any such regulation, or
(c) is guilty of riotous or insubordinate conduct,
two pounds, and in addition to imprisonment for any period not
exceeding one month.
326.-(1.) Spirits shall not during the voyage be sold directly Sale of spirits
or indirectly in any emigrant ship to any steerage passenger. prohibited on
emigrant
(2.) If any person acts in contravention of this section, he shall ships.
for each offence be liable to a fine not exceeding twenty pounds.
Maintenance after Arrival.

327.-(1.) Every steerage passenger in an emigrant ship shall be Maintenance
entitled for at least forty-eight hours next after his arrival at the of steerage
passengers
end of his voyage to sleep in the ship, and to be provided for and after arrival.
maintained on board thereof, in the same manner as during the
voyage, unless within that period the ship leaves the port in the
further prosecution of her voyage.
(2.) If this section is not complied with in the case of any
emigrant ship, the master shall for each offence be liable to a fine
Detention and Wrongful Landing of Passenger8.

328. Where a contract has been made by or on behalf of any Return of
steerage passenger for a passage in a ship proceeding on a voyage passage money
from the British Islands to any port out of Europe and not within Lion to pas.
the Mediterranean Sea, or proceeding on any colonial voyage as sengers when
defined by this Part of this Act, and- passage not
nrov nd
(i) the steerage passenger is at the place of embarkation before accor to
the hour of six o'clock in the afternoon of the clay of embarkation contract.
appointed in the contract; and
(ii) the stipulated passage money has, if required, been paid,
then if the steerage passenger from any cause whatever (other than
his own refusal, neglect, or default, or the prohibition under this
Act of an emigration officer, or the requirement of an Order in
Council),
(a) is not received on board the ship before the said hour ; or,
(b) having been received on board, does not eithf r obtain a
passage in the ship to the port at which he has contracted to
K 145
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 VICTI
A.D. 1894. land or, together with all the immediate members of his
family who are included in the contract, obtain a passage to
the same port in some other equally eligible ship to sail within
ten days from the expiration of the said day of embarkation,
and is not paid subsistence money from the time and at the
rate herein-after provided ;
the steerage passenger or any emigration officer on his behalf, may
recover summarily all money paid by or on account of the steerage
passenger for his passage, together with such further sum not
exceeding ten pounds in respect of each such steerage passenger as
is in the opinion of the court a reasonable compensation for the loss
or inconvenience occasioned to the steerage passenger by the loss
of his passage, and such money and sum may be recovered, either
from any person to whom or on whose account any money has
been paid under the contract, or if the contract has been made
with the owner, charterer, or master of the ship, or with any person
acting on behalf or by the authority of any of them, then, at the
option of the steerage passenger or emigration officer, from the
owner, charterer, or master, or any of them.
Subsistence
in case of
329.-(1.) If any ship, whether an emigrant ship or otherwise,
detention.
does not actually put to sea and proceed on her intended voyage
before three o'clock in the afternoon of the day next after the day
of embarkation appointed in the contract, the owner, charterer, or
iii ester of the ship, or his agent, or any of them shall, until the
ship finally proceeds on her voyage, pay to every steerage passenger
entitled to a passage in the ship, or (if the steerage passenger is
lodged and maintained in any hulk or establishment under the
superintendence. of the Board of Trade) to the emigration officer at
the port of embarkation, subsistence money at the following rate;.
(that is to say,)
(a.) For each of the first ten days of detention, one shilling and
sixpence ; and
(b.) For every subsequent day, three shillings
for each statute adult.
(2.) Where the steerage passengers are maintained on board in
the same manner as if the voyage had commenced-
(a.) Subsistence money shall not be payable for the first two days
next after the said day of embarkation, and
(b.) If the ship is unavoidably detained by wind or weather, or
by any cause not attributable in the opinion of the emigration
officer to the act or default of the owner, charterer, or master,
subsistence money shall not be payable during any part of
that period of detention.
Penalty for 330. If a steerage passenger is landed from any ship, whether
landing steer-
age passenger
an emigrant ship or not, at any port other than the port at which
at wrong he has contracted to land, unless with his previous consent, or
place. unless the landing is rendered necessary by perils of the sea or
other unavoidable accident, the master of the ship shall for each
146
[57 & 58 VIcT.] Merchant Shipping Act, 1894. [Cx. 60.]
Provisionsin case of Wreck. A.D. 1894.

331.-(l.) When any emigrant ship- Provisions in,
(a) has, while in any port of the British Islands, or after the case nof a
commencement of the voyage, been wrecked or otherwise being wrecked

ts hip
rendered unfit to proceed on her intended voyage, and any damaged in
steerage passengers have been brought back to any port in the or
Islands,
g
British Islands ; or
(b) has put into any port in the British Islands in a damaged
state ;
the master, charterer, or owner of -that ship shall, within forty-eight
hours thereafter, give to the nearest emigration officer a written
undertaking to the following effect ; (that is to say,)
(i.) If the ship has been wrecked or rendered unfit to proceed on
her voyage, that the owner, charterer, or master thereof will
embark and convey the steerage passengers in some other
eligible ship, to sail within six weeks from the date of the
undertaking, to the port for which their passage had been
taken :
(ii.) If the ship has put into port in a damaged state, that she
will be made seaworthy and fit in all respects for her intended
voyage, and will within six weeks from the date of the
undertaking sail again with the steerage passengers.
(2.) Tn either of the above cases, the owner, charterer, or master
shall, until the steerage passengers proceed on their voyage, either
lodge and maintain them on board in the same manner as if they
were at sea, or pay either to the steerage passengers, or (if they
are lodged and maintained in any hulk or establishment under the
superintendence of the Board of Trade) to the emigration officer at
the port, subsistence money at the rate of one shilling and sixpence
a day for each statute adult.
(3.) If the substituted ship, or the damaged ship, as the case
may be, does not sail within the above-mentioned time, or if default
is made in compliance with any requirement of this section, any
steerage passenger or any emigration officer on his behalf may
recover summarily all money paid by or on account of the passenger
for the passage from the person to whom or on whose account the
same was paid, or from the owner, charterer, or master of the ship,
at the option of the passenger or emigration officer.
(, 4.) The emigration officer may, if he thinks it necessary, direct
that the steerage passengers be removed from any damaged

emigrant ship at the expense of the master thereof, and if after
that direction any steerage passenger refuses to leave the ship,
he shall for each offence be liable to a fine not exceeding forty
shillings, or to imprisonment not exceeding one month.
332. If any passenger, whether a cabin or a steerage passenger, Expensesof

is either taken off any ship which is carrying any steerage pas- rescue and
conveyance
senger on a voyage from any part of Her Majesty's dominions waecked of
and is damaged, wrecked, sunk or otherwise destroyed, or if any passengers,
K 2 147
A.D. 1994. such passenger is picked up at sea from any boat, raft, or otherwise,
-- it shall be lawful-
(a) if the port to which such passenger in this Act referred to as
a " wrecked passenger ") is conveyed is in the United Kingdom,
for a Secretary of State; and
(b) if the port is in a British possession for the governor'of that
possession, or any person authorised by him for the purpose ;
and
(c) if the port is elsewhere, for the British consular officer
there ;
to defray all or any part of the expenses thereby incurred.
Forwarding of 333.-(1.) If any passenger whether a cabin or a steerage
gaaOTrsoby passenger from any ship which is carrying any steerage passenger
consuls. on a voyage from any port in Her Majesty's dominions finds himself
without any neglect or default of his own at any port outside the
British Islands other than the port for which the ship was originally
bound, or at which he, or the Board of Trade, or any public officer
or other person on his behalf, has contracted that he should land,
it shall be lawful-
(a) if the place is in a British possession, for the governor of
that possession, or any person authorised by the governor for
the purpose ; and
(b) if the place is elsewhere, for the British consular officer
there;
to forward the passenger to his intended destination, unless the
master of the ship, within forty-eight hours of the arrival of the
passenger, gives to the governor or consular officer, as the case may
be, a written undertaking to forward or convey within six weeks
thereafter the passenger to his original destination, and forwards
or conveys him accordingly within that period.
(2.) A passenger so forwarded by or by the authority of a
governor or a British consular officer shall not be entitled under
this Part of this Act to the return of his passage money, or to any
compensation for loss of passage.
Recovery of
expenses in-
.tuned in
-conveying
or by the authority of a Secretary gof
334.-(1.) All expenses incurred under this Part of this Act by
y of State, governor a British
possession, or consular officer, in respect of a wrecked passenger,
wrecked pas- or forwarding of a passenger to his destination, including the cost
sengers and
forwa of maintaining the passenger, until forwarded to his destination,
passengers. and of all necessary bedding, provisions, and stores, shall be a
joint and several debt to the Crown from the owner, charterer,
and master of the ship on board of which the passenger had
embarked.
(2.) In any proceeding for the recovery of that debt a certificate
purporting to be under the hand of a Secretary of State, governor,
or consular officer, and stating the circumstances of the case,
and the total amount of the expenses, shall be admissible in
evidence in manner provided by this Act, and shall be sufficient
evidence of the amount of the expenses, and of the fact that the
same were duly incurred, unless the defendant specially pleads and
duly proves that the certificate is false and fraudulent, or that the
expenses were not duly incurred under this Act.
148
(3.) The sum recovered on account of the expenses shall not A.D. 1891.
exceed twice the total amount of passage money which the owner,
charterer, or master of the emigrant ship proves to have been
received by him or on his account, or to be due to and recoverable
by him or on his account in respect of the whole number of
passengers whether cabin or steerage who embarked in the ship.
335. A policy of assurance effected in respect of any steerage validity of
passage or of any steerage passage insurance of
0 or compensation money by any pas
person by this Part of this Act made liable, in the events aforesaid, money.
to provide such passage or to pay such money, or in respect of any
other risk under this Part of this Act, shall not be invalid by reason
of the nature of the risk or interest sought to be covered by the
policy of assurance.
Voyages to the United Kingdom.
336.-(1.) The master of every ship bringing steerage passengers List of steerage
to the British Islands from any port out of Europe and not within passengers
Brought to the
the Mediterranean Sea shall, within twenty-four hours after arrival, ritish islands.
deliver to the emigration officer at the port of arrival a correct list,
signed by the master, and specifying the name, age, and calling of
every steerage passenger embarked, and the port at which lie
embarked, and showing also any birth which has occurred amongst
the steerage passengers, and if any steerage passenger has died, his
name and the supposed cause of his death.
(2.) If the master of a ship fails so to deliver the list, or if the
list is wilfully false, he shall for each offence be liable to a fine not
337. If any ship bringing steerage passengers to the British Number steerage
of
Islands from any port out of Europe and not within the Mediter- rs on
ranean Sea has on board a greater number of steerage passengers ships bringing
than is allowed by this Act in the case of emigrant ships pro. passengers
to
ceeding from the British Islands, the master of that ship shall, for
each statute adult constituting such excess, be liable to a fine not
338.-(1.) The master of every ship bringing steerage passengers Provisions and
water in ships
to the British Islands from any port out of Europe and not within carrying
the Mediterranean Sea shall issue to each steerage passenger during steerage pas-
the voyage, including the time of detention, if any, at any port sengers to
before the termination thereof, pure water and good and wholesome British Islands,
provisions in a sweet condition, in quantities not less than the
amount required by this Part of this Act in the case of emigrant
ships proceeding from the British Islands.
the case of any emigrant ship, the master of that ship shall for
each offence be liable to a fine not exceeding fifty pounds.
Registration of Births and Deaths.
339. Where a ship which is not a British ship carries passengers, foreign
Application to
ships
whether cabin or steerage, to or from any port of the United scarr opas-
Kingdom as the port of destination or the port of departure of engers
such ship, the provisions of Part Two of this Act with respect to provisions
149
[Cs. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT, ]
A.D. 1594. the registration of births and deaths occurring on board, shall apply
respecting as if it were a British ship.
registration of
births and Saving of Right of Action.
deaths.
Saving for 340. Nothing in this Part of this Act shall take away or abridge
right of action any right of action which may accrue to a steerage passenger in
on contract for
passage. any ship, or to any other person, in respect of the breach or non-
performance of any contract made between, or on behalf of, such
steerage passenger or other person and the master, charterer, or
owner of any such ship, or his agent, or any passage broker.
Passage Brokers.
Passage
broker.
341.-(1.) Any person who sells or lets or agrees to sell or let,
or is anywise concerned in the sale or letting of steerage passages
in any ship proceeding from the British Islands to any place out of
Europe not within the Mediterranean Sea shall for the purposes of
this Part of this Act be a passage broker.
(2.) The acts and defaults of any person acting under the autho-
rity, or as an agent, of a passage broker, shall, for the purposes of
this Act, be deemed to be also the acts and defaults of the passage
broker.
Passage 342.--(1.) A person shall not act directly or indirectly as a
brokers to enter
into bond and passage broker, unless he-
obtain licence. (a) has entered, with two good and sufficient sureties approved
by the emigration officer nearest to his place of business, into
a joint and several bond to the Crown, in the sum of one
thousand pounds; and
(b) holds a licence for the time being in force to act as passage
broker.
(2.) The bond shall be renewed on each occasion of obtaining a
licence, and shall not be liable to stamp duty ; it shall be executed
in duplicate, and one part shall be deposited at the office of the
Board of Trade, and the other part with the said emigration officer.
(3.) The emigration officer may, in lieu of two securities, accept
the bond of any guarantee society approved by the Treasury.
(4.) There shall be exempted from this section-
(a) the Board of Trade, and any person contracting with them
or acting under their authority ; and
(b) any passage broker's agent duly appointed under this Act.
fifty pounds.
Granting of
licences
343.-(1.) Application for a licence to act as passage broker
lice age to shall be made to the licensing authority for the place in which the
brokers, applicant has his place of business.
(2.) The licensing authority, upon the applicant proving to their
satisfaction that he
(a) has entered into and deposited one part of such bond as is
required by this Act ; and
150
157 & 58 VIOT.] Merchant Shipping Act, 1894. [CH. 60.]
,(b) has given to the Board of Trade at least fourteen days clear A.D. 1894.
notice of his intention to apply for a licence, ---
-may grant the licence, and shall forthwith send to the Board of
`Trade notice of such grant.
(3.) The licensing authority shall be-
(a) in the administrative county of London the justices of the
peace at petty sessions ;
(b) elsewhere in England, the council of a county borough or
county district ;
,(c) in Scotland, the sheriff ; and
(d) in Ireland, the justices in petty sessions.
344.-(1.) A passage broker's licence shall, unless forfeited, Forfeiture of
remain in force until the thirty-first day of December in the year licence.
in which it is granted, and for thirty-one days afterwards.
(2.) Any court, when convicting a passage broker of an offence
under this Part of this Act or of any breach or non-performance of
the requirements thereof, may order that his licence be forfeited,
.and the same shall be forfeited accordingly.
(3.) The court shall forthwith send to the Board of Trade a
notice of any such order.
345.-(1.) A passage broker shall not employ as an agent in Passage
his business of passage broker any person who does not hold from brokers agents.
him an appointment, signed by the passage broker, and counter-
signed by the emigration officer at the port nearest to the place of
business of the passage broker.
(2.) Every such agent shall, upon request, produce his appoint-
ment to any emigration officer, or to any person treating for a
1
.steerage passage under this Part of this Act.

(3.) If any person acts in contravention of this section he shall
for each offence be liable to a fine not exceeding fifty pounds.
346.-(1.) A passage broker shall keep exhibited in some List runners of agents
to
conspicuous place in his office or place of business a correct list, in and
be exhibited by
legible characters, containing the names and addresses in full of brokers, and
every person for the time being authorised to act as his agent or as sent to emigra-
an emigrant runner for him, and shall on or before the fifth day, tion officers.
,or, if that day be a Sunday, on or before the fourth day in every
month, transmit a true copy of that list, signed by him, to the
emigration officer nearest to his place of business, and shall report
to that emigration officer every discharge or fresh engagement of
an agent or of an emigrant runner within twenty-four hours of the
same taking place.
(2.) If a passage broker fails to comply with any requirement
of this section he shall for each offence be liable to a fine not
Emigrant Runners.
347. If any person other than a licensed passage broker or his runner.
Emigrant
bona fide salaried clerk, in or within five miles of the outer
boundaries of any port, for hire or reward or the expectation
1;51
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT.J
A.D. 1894. thereof directly or indirectly conducts, solicits, influences, or

recommends any intending emigrant to or on behalf of any
passage broker, or any owner charterer or master of a ship, or any
keeper of a lodging-house tavern or shop, or any money changer or
other dealer or chapman, for any purpose connected with the pre-
parations or arrangements for a passage, or gives or pretends to
give to any intending emigrant any information or assistance in
any way relating to emigration, that person shall for the purposes
of this Part of this Act be an emigrant runner.
Emigrant 348.-(1.) The licensing authority for passage brokers for the
tanner's place in which a person wishes to act as an emigrant runner, and
li cence. to carry on his business, may, upon his application and on the
recommendation in writing of an emigration officer, or of the chief
constable or other head officer of police in such place (but not
otherwise), grant, if they think fit, to the applicant a licence to act
as emigrant runner.
(2.) The emigrant runner shall, within forty-eight hours after
his licence is granted lodge the same with the nearest emigration
officer, and that officer shall-
(a) register the name and abode of the emigrant runner in a
book to be kept for the purpose, and number each name in
arithmetical order ; and
(b) upon receipt of a fee, not exceeding seven shillings, supply
to the emigrant runner a badge of such form and description
as the Board of Trade approve,
but in case of a renewed licence, the officer need only note the
renewal and its date in his registry book against the original entry
of the emigrant runner's name.
(3.) An emigrant runner's licence shall remain in force until
the thirty-first day of December in the year in which it is granted,
unless sooner revoked by any justice for any offence against this
Act or for any other misconduct committed by the holder of such
licence, or unless forfeited under the provisions herein-after
contained.
(4.) When an emigrant runner changes his abode, the emigration
officer shall register the change in his registry book.
Renewal of 349. Where an emigrant runner, either satisfies the emigration
badge. officer for the port in which lie is licensed to act that his badge is
lost, or delivers his badge up to such officer in a mutilated or
defaced state, and in either case pays such officer five shillings, the
officer may, if he thinks fit, supply him with a new badge.
Penalties on 350.-(1.) A person shall not-
persons acting
without licence
(a) act as an emigrant runner without being duly licensed and
or badge, registered ; or
using badge, (b) retain or use any emigrant runner's badge not issued to him
not lawfully in manner by this Act required ; or
issued, or
employing (c) counterfeit or forge any emigrant runner's badge or ;
unlicensed (d) employ as an emigrant runner any person not duly licensed
person.
and registered.
(2.) If any person acts in contravention of this section, he shall
152
351.-(1.) An emigrant runner- A.D. 1894.
(a) shall while acting as an emigrant runner wear his badge Penalties on
conspicuously on his breast ; and emigrant
(b) shall lodge his licence with the emigration officer as required runners
by this Act ; and for of
n ac
misconduct.
(c) on changing his abode, shall within forty-eight hours give
notice of the change to the emigration officer of the port in
which he is licensed to act ; and
(d) on losing his badge shall within forty-eight hours give
notice to such emigration officer of the loss ; and
(e) shall produce on demand his badge for inspection, or permit
any person to take the number thereof ; and
(f) shall not mutilate or deface his badge ; and
(g) shall not wear his badge while unlicensed ; and
(h) shall not wear any other badge than that delivered to hiln
by the emigration officer ; and
(i) shall not permit any other person to use his badge.
(2.) If an emigrant runner fails to comply with any requirement
of this section, he shall for each offence be liable to a fine not
exceeding forty shillings, and, if the court think fit, to the forfeiture
of his licence.
352.-(1.) An emigrant runner shall not be entitled to recover Emigrant
from a passage broker any fee commission or reward for or in runners com-
ion and
consideration of any service connected with emigration, unless fees
he is acting under the written authority of that passage broker.
(2.) An emigrant runner shall not take or demand from any
person about to emigrate any fee or reward for procuring his steer-
age passage, or in any way relating thereto, and if he does so he
shall for each offence be liable to a fine not exceeding five pounds.
Frauds in procuring Emigration.

353. If any person by any false representation, fraud, or false Frauds in pro-
pretence induces any person to engage a steerage, passage in any using pas-
ship, he shall for each offence be liable to a fine not exceeding
twenty pounds.
354. If any person- Penalties for
(a) falsely represents himself to be, or falsely assumes to act as, fraud in con-
agent of the Board of Trade in assisting persons who desire to nexion with
assisting
emigrate ; or emigration.
(b) sells any form of application, embarkation order, or other
document or paper issued by the Board of Trade or by a
Secretary of State for the purpose of assisting persons who
desire to emigrate ; or
(c) makes any false representation in any such application for
assistance to the Board of Trade or a Secretary of State,
or in any certificate of marriage, birth, or baptism, or other
document or statement adduced in support of any such
application ; or
(d) forges or fraudulently alters any signature or statement in
any such application, certificate, document, or statement, or
personates any person named therein; or
153
[CH. 60.] .Merchant Shipping Act, 1894. [57 & 58 VICT]
(e) aids or abets any person in committing any of the foregoing

A.D.
--
1' 94.
offences ;
that person shall, for each offence, be liable to a fine not exceeding
fifty pounds.
Emigration Officers.
Emigration
officers and
355.-(1.) In the British Islands the Board of Trade, and in a
assistants. British possession the governor of that possession, may appoint
and remove such emigration officers and assistant emigration
officers as seem necessary for carrying this Part of this Act into
execution, under the direction of the Board or governor, as the
case may be.
(2.) All powers, functions, and duties to be exercised or
performed, and anything to be done in pursuance of this Part of
this Act by, to, or before an emigration officer, may be exercised,
performed, and done by, to, or before his assistant, or, at any port
where there is no emigration officer or assistant, or in their absence,
by, to. or before the chief officer of customs for the time being at such
port, and in any such case it shall be the duty of the chief officer
of customs to do anything which it is the duty of the emigration
officer or his assistant to do.
(3.) A person lawfully acting as an emigration officer under this
Act shall in no case be personally liable for the payment of any
money or costs or otherwise in respect of any contract made, or
of any legal proceedings for anything done, by him. in his official
capacity as an emigration officer and on the public service.
Legal Proceedings.
Recovery of
fines.
356. All fines and forfeitures under the provisions of this Part
of this Act (other than the provisions relating to passenger steamers
only) shall be sued for by the following officers; (that is to say,)
(a.) Any emigration officer ;
(b.) Any chief officer of customs ; and also
(c.) In the British Islands, any person authorised by the Board
of Trade and any officer of customs authorised by the Cout-
missioners of Customs ; and
(d.) In a British possession any person authorised by the governor
of that possession, or any officer of customs authorised by
the Government department regulating the customs in that
possession.
Recovery of
passage and 357. All sums of money made recoverable by this Part of this
subsistence Act in respect of passage money, subsistence money, damages,
money, com- compensation, or costs may be sued for and recovered before a
pensation, and
damages. court of summary jurisdiction by any person entitled thereto, or
by any of the officers in the last preceding section mentioned on
behalf of any one or more of such persons, and in any case either
by one or several proceedings.
Protection of
persons execu-
358. The Public Authorities Protection Act, 1893, shall for the
ting Act. purposes of the provisions of this Part of this Act (other than the
56 & 57 Viet. provisions relating to passenger steamers only) apply to the whole
C. 61.
154
[57 & 58 VICT.] Merchant Shipping Act, 1894. [CIT. 60.]
of Her Majesty's dominions, and to every place where Her Majesty A.D. 1894.
has jurisdiction. -
Supplemental.
359.-(1.) In the absence of any agreement to the contrary, the Owner for
owner of a ship shall be the person ultimately responsible as reaonsible
between himself and the other persons by this Part of this Act absence of
made liable in respect of any default in complying with any agreement.
requirement thereof.
(2.) If any person so made liable pays any money by this Fart
of this Act made payable to or on behalf of a steerage passenger,
he shall be entitled, in the absence of any such agreement as
aforesaid, to sue for and recover from the owner the amount so
paid, together with costs.
360.-(1.) The forms set out in the Fourteenth Schedule to Forms and
this Act, or forms as near thereto as circumstances admit, shall be fees.
used in all cases to which such forms are applicable.
(2.) Such fees as the Board of Trade determine shall be paid
in respect of the surveys of emigrant ships mentioned in Part II.
of the Ninth Schedule to this Act not exceeding those specified
therein.
(3.) If any person employed under this Part of this Act demands
or receives, directly or indirectly, otherwise than by the direction
of the Board of Trade, any fee, remuneration, or gratuity whatever
in respect of any duty performed by him under this Part of this
Act, he shall for each offence be liable to a fine not exceeding fifty
pounds.
361.-(1.) The Board of Trade shall prepare such abstracts Posting ofof
as they think proper of all or any of the provisions of this Part abstracts
Part III. in
of this Act, and of any Order in Council made thereunder, and emigrant ships.
four copies of the abstracts, together with a copy of this Part of this
Act, shall, on demand, be supplied by the chief officer of customs
at the port of clearance to the master of every emigrant ship
proceeding from the British Islands to any British possession.
(2.) The master shall, on request, produce a copy of this Part of
this Act to any steerage passenger for his perusal, and shall, before
the embarkation of the steerage passengers, post copies of the
abstracts in at least two conspicuous places between the decks on
which steerage passengers may be carried, and shall keep them
posted so long as any steerage passenger is entitled to remain in
the ship.
(3.) The master shall be liable to a fine not exceeding forty
shillings for every day during any part of which by his act or
default such copies of the abstracts fail to be so posted.
(4.) If any person displaces or defaces any copy of the abstracts
posted under this section he shall for each offence be liable to a fine
not exceeding forty shillings.
362.-(1.) The authority having the control of any docks or Byelaws by
basins at any port in the British Islands from which emigrant ships authorty.
155
A.D. 1894. are despatched, may, with the approval of a Secretary of State,
make byelaws-
(a) for specifying the docks, basins, or other places at which
persons arriving by sea at the port for the purpose of emigra-
tion, or actually emigrating theiefrom, shall be landed and
embarked ;
(b) for regulating the mode of their landing and embarkation;
(c) for the storing and safe custody of their luggage;
(d) for licensing porters to carry their luggage or otherwise
attend upon them ; and
(e) for admitting persons to and excluding persons from access
to the docks and basins.
(2.) The authority may attach a fine not exceeding five pounds
to a breach of any such byelaw, and instead of an emigration officer
the authority shall sue for and recover the fine.
(3.) The authority making a byelaw under this section may,
by their officers or servants or by any constable, arrest without
warrant any person charged with a breach of the byelaw, and
detain him until he can be brought before a justice of the peace,
and that justice may try the case in a summary manner.
(4.) A byelaw made under this section shall be published in the
London Gazette.
Exemption 363. Where a foreign ship is a passenger steamer or emigrant
from survey ship within the meaning of this Part of this Act, and the Board of
of foreign
passenger Trade are satisfied, by the production of a foreign certificate of
steamer or survey attested by a British consular officer at a port out of Her
emigrant ship Majesty's dominions, that the ship has been officially surveyed at
in certain
cases. that port, and are satisfied that any requirements of this Act are
proved by that survey to have been substantially complied with,
the Board may, if they think fit, dispense with any further survey
of the ship in respect of any requirement so complied with, and
grant or direct one of their officers to grant a certificate, which
shall have the same effect as if given upon survey under this Part
of this Act :
Provided that Her Majesty in Council may order that this
section shall not apply in the case of an official survey at any port
at which it appears to Her Majesty that corresponding advantages
are not extended to British ships.
Application of Part III. as regards Emigrant Ships.

Application to 364. The provisions of this Part of this Act respecting emigrant
certain ships shall apply to all voyages from the British Islands to any
voyages.
port out of Europe and not within the Mediterranean Sea.
Limited appli- 365.-(1.) This Part of this Act, so far as the same is applicable,
cation of Part shall apply t) every ship carrying steerage passengers on a colonial
III. of Act to
colonial voyage as defined by this Part of this Act, provided that the
voyages. enactments thereof relating to-
(a) master's bond ;
(b) steerage passengers contract tickets ;
156
(c) Orders in Council regulating emigration from the British A.D. 1894.
Islands, or prescribing rules for promoting health, cleanliness,
order, and ventilation ;
--
(d) passage brokers;
(e) emigrant runners; and
(f) posting of abstracts, and production of a copy, of this Part
of this Act,
shall not apply.
(2.) Where the duration of a colonial voyage (as determined
under this Part of this Act) is less than three weeks, the enact-
ments relating to-
(a) the regulations scheduled to this Act as to the accommodation
for steerage passengers;
(b) medical practitioner, stewards, cooks, cooking apparatus, and
manning with an efficient crew; and
(c) maintenance of steerage passengers after arrival,
shall also not apply.
(3.) Where the duration of a colonial voyage (as determined
under this Part of this Act), is less than three weeks, the enact-
ments relating to the issue of provisions shall not, except as to
the issue of water, apply to any steerage passenger who has
contracted to furnish his own provisions.
366.-(1.) The governor of a British possession may by pro- Modification of
clamation- provisions of
Part III. in
(a) determine what shall be deemed, for the purposes of this h eir applica-
Part of this Act, to be the length of the voyage of any ship tion to British
carrying steerage passengers from any port in that British possessions.
possession to any other port ; and
(b) fix dietary scales for steerage passengers during the voyage ;
and
(c) declare what medical stores shall be deemed necessary for
the medical treatment of the steerage passengers during the
voyage.
(2.) Every such proclamation shall take effect from the issue
.
thereof, and shall have effect without as well as within the

possession, as if enacted in this Part of this Act.
(3.) The governor of a British possession may authorise such
persons as he thinks fit to make a like survey of emigrant ships
sailing from that possession as is by this Act required to be made
by two or more competent surveyors in the case of emigrant ships
sailing from the British Islands.
(4.) The governor of a British possession may authorise any
c, mpetent person to act as medical practitioner on board an
emigrant ship proceeding on a colonial voyage.
367.-(1.) The governor of each of the Australasian colonies, Power of
that is to say, New South Wales, Victoria, South Australia, Western governors ofto
Australia, Queensland, Tasmania, New Zealand, and any colony cumbers of
hereafter established in Australia, may by proclamation make such steerage
rules as he thinks proper for determining the number of steerage passengers.
passengers to be carried in any emigrant ship proceeding from one
of such colonies to any other of those colonies, and for determining
157
[CH. 60.] Ilierchant Shipping Act, 1894. [57 & 58 ViCT.]
A.D. 1894. on what deck or decks, and subject to what reservations or

conditions, steerage passengers may be carried in such ship.
(2.) The governor of any British possession may, if he thinks
fit, declare by proclamation that ships intended to pass within the
Tropics from any port in such possession may convey steerage
passengers, being natives of Asia or Africa, after the rate of one
for every twelve superficial feet of the passenger deck instead of
after the rate specified in the Tenth Schedule to this Act.
(3.) Every such proclamation shall take effect from the issue
thereof, or such other day as may be named therein, and shall have
effect without as well as within the possession, as if it were enacted
in this Part of this Act in substitution as respects the said ships
for the Tenth Schedule to this Act.
(4.) The provisions of the Tenth Schedule to this Act with
respect to the number of superficial feet to be allowed to each
steerage passenger shall not apply to any ship proceeding from any
port in the island of Ceylon to any port in British India in the
Gulf of Manar or Palk's Straits, and the legislature of Ceylon may
regulate by law the number of steerage passengers who may be
carried on board such ships.
Power for 368.-(1.) The provisions of this Part of this Act (other than
legislature of the provisions relating to passenger steamers only) shall not apply
India to apply
Part 111. to British India, except as in this section provided.
(2.) The Governor-General of India in Council may, by any Act
passed for the purpose, declare that all or any provisions of this
Part of this Act shall apply to the carriage of steerage passengers
upon any voyage from any specified port in British India to any
other specified port whatsoever ; and may for the purposes of this
Part of this Act-
(a) fix dietary scales for the voyage, and authorise the substi-
tution of those scales for the scale enacted by this Act ;
(b) determine what shall be deemed to be the length of any such
voyage;
(c) determine the persons or officers who in British India shall
take the place of emigration officers and officers of customs in
the British Islands ;
(d) declare the space necessary for steerage passengers, and the
age at which two children shall be treated as one statute adult,
in ships clearing out from any port in British India; and
(e) authorise the employment on board any ship of a medical'
practitioner duly qualified according to Indian law ; and
(f) provide for the recovery and application in British India of
fines and sums of money under this Part of the Act,
and the provisions of any such Act while in force shill have
effect without as well as within British India as if enacted by
this Act.
(3.) Provided that any such Act shall be of no effect under this
section, unless it be reserved for the signification of Her Majjesty's
pleasure thereon, or contain a suspending clause providing that the
Act shall not come into operation until Her Majesty's pleasure-
thereon has been publicly signified in British India.
158
PART IV. A.D. 1894.

FISHING BOATS.
Application of Part IV., &c.
369.-(1.) This Part cf this Act relates partly- Application of
(a) to all fishing boats and to the whole fishing service ; and Part IV.
partly
(b) to all fishing boats of twenty-five tons tonnage and upwards ;
and partly
(c) to fishing boats being trawlers of twenty-five tons tonnage
and upwards, and where so expressly provided, to fishing boats
being trawlers of whatever tonnage.
(2.) The Board of Trade may, by order published in the London
Gazette,-
(a) exempt from the date in the order mentioned, any class of
such trawler or trawlers belonging to any port from the whole
or any portion of this Part of this Act, and
(b) extend all or any of the provisions of this Part of this Act to
any fishing boats referred to in the order,
and may revoke or alter any such order by an order published in
like manner, but such order shall not extend to any of the pro-
visions relating to the fishing boat register, or to the boats and life-
buoys to be carried on fishing boats.
(3.) The Board of Trade may, before making any order under
this section, institute such inquiry, as in their opinion may be
required for enabling them to make the order, by such person as
the Board may appoint, and the person so appointed shall for the
purpose of the inquiry have all the powers of a Board of Trade
inspector under this Act.
(4.) The provisions of this Act with respect to fishing boats
being trawlers shall, save as otherwise expressly provided, apply
to vessels employed as tenders or carriers to fishing boats or for
the purpose of collecting and conveying to the land the catch of
fishing boats.
370. In this Part of this Act, unless the context otherwise Definitions.
requires-
The expression " fishing boat " means a vessel of whatever size, " Fishing
and in whatever way propelled, which is for the time being boat."
employed in sea fishing or in the sea-fishing service, but save
as otherwise expressly provided, that expression shall not
include a vessel used for catching fish otherwise than for
profit.
The expression " second hand " means, with respect to a fishing " Second
boat, the mate or person next to the skipper in authority or hand."
command on hoard the boat.
The expression " voyage " shall mean a fishing trip commencing " Voyage."
with a departure from a port for the purpose of fishing, and
ending with the first return to a port thereafter upon the
conclusion of the trip, but a return due to distress only shall
not be deemed to be a return, if it is followed by a resumption
of the trip.
159
[CH. 60.] Merchant Shippiwj Act, 1894. [57 & 58 VICT.]
A.D. 1894. The tonnage of a fishing boat for the purpose of this
371.-(1.)
Part of this Act shall be taken to be in the case of a steam trawler
Aseertaimnent
of tonnage of her gross tonnage,
but in any other case her register tonnage.
fishing boat. (2.) Where
. a fishing boat is registered under Part I. of this
Act, her gross or register tonnage as ascertained for the purpose
of that registry shall be her gross or register tonnage for the
purpose of this Part of this Act.
(3.) Where a fishing boat is not so registered a certificate signed
by a surveyor of ships under this Act stating her gross or register
tonnage, ascertained as in the case of a ship registered under Part I.
of this Act, shall be conclusive of that tonna(ge.
Extent of
Part IV.
372. This Part of this Act shall not, except where otherwise
expressly provided, apply to Scotland, or to any British possession.
(I.) PROVISIONS APPLYING TO ALL FISHING BOATS AND TO THE

WHOLE FISHING SERVICE.
The following sections shall apply to all fishing boats and the
whole fishing service :-
Fishing Boats Register.
Registry of 373.-(1.) This section shall apply to the British Islands, and
British fishing
boat. to all British fishing boats, including those used otherwise than for
profit, and the expression " fishing boat " in this section shall be
construed accordingly.
(2.) Subject to any exemptions made by the regulations under
this section, every fishing boat shall be lettered and numbered
and have official papers, and shall for that purpose be entered in
the fishing boat register.
(3.) If a fishing boat required to be so entered is not so entered,
she shall not be entitled to any of the privileges or advantages of a
British fishing boat, but all obligations, liabilities, and penalties with
reference to that boat, and the punishment of offences committed
on board her, or by any persons belonging to her, and the jurisdiction
of officers and courts, shall be the same as if the boat were actually
so entered.
(4.) If a fishing boat required to be entered in the fishing boat
register is not so entered, and is used as a fishing boat, the owner
and skipper of such boat shall each be liable, for each offence, to a
fine not exceeding twenty pounds, and the boat may be detained.
(5.) Her Majesty, by Order in Council, may make regulations
for carrying into effect and enforcing the entry of fishing boats in
the fishing boat register, and any convention with a foreign country
relative to the registry, lettering, and numbering of fishing boats,
which is for the time being in force by virtue of any statute, and
may by such regulations-
(a) adopt any existing system of registry or lettering and
numbering of boats, and provide for bringing any such system
into conformity with the requirements of this Act and of any
such convention, and the regulations ; and
160
[57 & 58 VICT.] Merchant Shipping Act, 1894. [C1i. 60.]
(b) define the boats or classes of boats to which the regula- A.D. 1894.
tions or any of them are to apply, and provide for the
exemption of any boats or classes of boats from the provisions
of this section, and from the regulations or any of them
and
(c) apply to the entry of fishing boats in the fishing boat register,
and to all matters incidental thereto, such (if any) of the
enactments contained in this or any other Act relating to the
registry of British ships, and with such modifications and
alterations as may be found desirable ; and
(d) impose fines not exceeding twenty pounds for the breach
of any such regulations which cannot be punished by the
application of any of those enactments.
(6.) Section twenty-six of the Sea Fisheries Act, 1868, and 31 & 32 Viet.
45.
sections eleven to- fourteen of the Sea Fisheries Act, 1883, shall c.46&47Viet.
apply in like manner as if those sections referred to this section c. 22.
and an Order in Council made thereunder, in substitution for
sections twenty-two to twenty-four of the Sea Fisheries Act, 1868,
and any Order in Council made under those sections.
(7.) Section one hundred and seventy-six of the Customs Con- 39 & 40 Viet.
solidation Act, 1876, shall not apply to any fishing boat entered in c. 36.
the fishing boat register in pursuance of this Act.
374. In all legal proceedings against the owner or skipper of, Effect of
or any person belonging to, any boat entered in the fishing boat registrygoat.
register, either for an offence against the fishery regulations or
regulations as to lights in the Sea Fisheries Act, 1868, or for an 31 & 32 Viet.
offence against the Sea Fisheries Act, 1883, or for the recovery of 4s 45'47 Vict.
damages for injury done by such boat, the register shall be con- c. 22.
elusive evidence that the persons entered therein at any date as
owners of the boat were at that date owners thereof, and that the
boat is a British sea-fishing boat : Provided that-
(a) this enactment shall not prevent any proceedings being
instituted against any person not so entered who is beneficially
interested in the boat ; and
(b) this enactment shall not affect the rights of the owners among
themselves, or the rights of any owner entered in the register
against any person not so entered who is beneficially interested
in the boat ; and
(c) save as aforesaid, entry in the fishing boat register shall not
confer, take away, or affect any title to or interest in any
fishing boat.
375.-(1.) A fishing boat entered in the fishing boat register, Rules as tolife-
whether used for profit or not, shall riot proceed to sea from any buoys of
port in the United Kingdom- fishing boats.
(a) if she is decked, unless she is provided according to her ton-
nage with boats duly supplied with all requisites for use, and
not being fewer in number nor less in their cubic contents than
is in that behalf specified in the Fifteenth Schedule to this
Act for the class to which the fishing boat belongs ; and
(b) if she carries more than ten passengers, unless she is, in
addition to the above boats, provided with two life-buoys and
provided either with a lifeboat furnished with all requisites
L ]61
A.D. 1894. for use, or has one of her boats. rendered buoyant after the
manner of -a lifeboat ;
and such boats and life-buoys shall be kept so as to be at all times
fit and ready for use.
(2.) In any of the following cases-
(a) if any such fishing boat proceeds to sea without being
provided with such boats or life-buoys ; or
(b) if any such boat or life-buoy is lost or rendered unfit for
service in the course of the voyage through the wilful fault or
negligence of the owner or skipper ; or
(c) if in case of any such boat or life-buoy being accidently lost
or injured in the course of the voyage the skipper fails without
reasonable cause to replace or repair the same on the first
opportunity ; or
(d) if any such boat or life-buoy is not kept so as to be at all
times fit and ready for use;
then, if the owner appears to be in fault, he shall for each offence
be liable to a fine not exceeding one hundred pounds, and if the
skipper appears to be in fault, he shall for each offence be liable to
a fine not exceeding fifty pounds.
(3.) A fishing boat required under this section to be provided
with boats and life-buoys may be detained until she is duly so
provided.
Discipline.
Offences by 376.-(1.) If a seaman lawfully engaged to serve in any fishing
seamen and
apprentices.
boat, or an apprentice in the sea-fishing service, commits any of the
following offences, that seaman or apprentice shall be liable to be
punished summarily as follows:-
(a.) For the offence of desertion,-he shall be liable to forfeit all
or any part of the effects he leaves on board, and all or any
part of the wages which he has then earned, and to satisfy
any excess of wages paid by the skipper or owner of the
fishing boat from which he deserts to any substitute engaged
in his place at a higher rate of wages than the rate stipulated
to be paid to him :
(b.) For the offence of absence without leave, that is to say for
neglecting or refusing without reasonable cause to join or to
proceed to sea in his fishing boat, or for being absent without
leave at any time within twenty-four hours of his boat's sailing
from any port, either at the commencement or during the
progress of the engagement, or for being absent at any time
without leave and without sufficient reason from his boat,-if
the offence does not amount to desertion, or is not treated as
such by the skipper, he shall be liable to forfeit a sum not
exceeding two days wages, and in addition for every twenty-
four hours of absence, either a sum not exceeding four days
wages, or any expenses properly incurred in respect of a
substitute :
(c.) For the offence of wrongfully quitting the boat, that is to
say for quitting the boat without leave after her arrival in
162
port, and before she is placed in security,-he shall be liable to A.D. 18,94.
forfeit a sum not exceeding two weeks wages :
(d.) For the offence of wilful disobedience, that is to say for
wilfully disobeying any lawful command during the engage-
rnent,-he shall be liable to imprisonment for any period not
exceeding four weeks,.and also to forfeit a sum not exceeding
two days wages :
(e.) For the offence of continued breach of duty, that is to say
for continued wilful disobedience to lawful commands during
the engagement, or continued wilful omission to do his duty
during the engagement,-he shall be liable to imprisonment
for any period not exceeding twelve weeks, and also to forfeit
for every twenty-four hours continuance of the offence either a
sum not exceeding six days wages or any expenses properly
incurred in respect of a substitute
( f.) For the offence of assault, that is to say for assaulting any
skipper or second hand,-he shall be liable to imprisonment for
a period not exceeding twelve weeks :
(g.) For the offence of unlawful combination, that is to say for
combining with any one or more of the crew to disobey lawful
commands, or to neglect duty, or to impede the navigation of
the boat, or the progress of the trip, he shall be liable to
imprisonment for a period not exceeding twelve weeks :
(h.) For the offence of wilful damage, that is to say for wilfully
damaging the boat or embezzling or wilfully damaging any of
her stores or cargo,-he shall be liable to forfeit a sum equal in
amount to the loss thereby sustained, and also to imprisonment
for a period not exceeding twelve weeks :
(i.) For the offence of smuggling, that is to say for any act of
smuggling of which he is convicted and which caused loss or
damage to the skipper or owner,-he shall be liable to forfeit a
sum sufficient to reimburse that loss or damage.
(2.) A skipper shall be liable to punishment for the said offences
of desertion, absence without leave, wrongfully quitting the boat,
wilful damage, and smuggling, as if he were a seaman.
(3.) The court before whom any skipper, seaman, or apprentice
is convicted of an offence under this section may order any money
forfeited for that offence to be deducted from his wages, and (if they
think fit) may order the forfeiture to be applied for the benefit of
the person by whom the wages are payable, or of the person injured
by the commission of the offence.
(4.) The provisions of this section relating to the offences of
wilful disobedience, continued breach of duty, assault, and unlawful
combination shall extend to apprentices in the sea fishing service,
and to sea-fishing boys as herein-after defined, whether on shore or
on board.
(5.) A seaman or apprentice shall not be relieved by his refusal
or neglect to go to sea or by his desertion from being liable to
punishment under this section for an offence of wilful disobedience,
continued breach of duty, or unlawful combination, and in addition
to any such punishment shall also be liable to be punished for the
offence of desertion or absence without leave.
L 2 163
[Cfi. 60.] Merchant Sltiplrinj Act, 1594. [57 & 58 VICT.]
A.D. 1894. (6.) Any imprisonment under this section may be with or without
hard labour.
Civil right 377.--0) Nothing in the last preceding section shall take
unaffected by away or limit any remedy by action or before a court of summary
criminal
provisions.
jurisdiction which an owner or skipper would otherwise have for
any breach of contract in respect of the matt-rs constituting an
offence under that section, but no owner or skipper shall be
compensated more than once in respect of the same damage.
(2.) Any question concerning the forfeiture of or deductions
from the wages of a seaman or apprentice in the sea-fishing service
may be determined in any proceeding lawfully instituted with
respect to those wages, notwithstanding that the offence in respect
of which the question arises, though by this Act made punishable
by imprisonment as well as forfeiture, has not been made the
subject of any criminal proceeding.
Application of 378. All effects and wages which are, under this Part of this
forfeitures. Act, forfeited for desertion shall be applied first in reimbursing the
expenses occasioned by such desertion to the skipper or owner of
the boat, and, subject to that reimbursement, shall be paid into the
Exchequer, and carried to the Consolidated Fund ; and any court
having cognizance of any proceedings in relation thereto may order
the same to be applied accordingly, and where the effects forfeited
do not consist of money, may order the same to be sold, and the
proceeds of the sale to be applied in manner aforesaid.
Deserters and 379. Whenever any seaman or apprentice is brought before any
others may be court charged with the offence (under this Part of this Act) of
sent back to
their boats. desertim or of absence without leave, or with otherwise absenting`
himself from his boat without leave, the count may at the request
of the owner or skipper or his agent, in addition to, or in lieu of,
imposing any punishment to which he may be liable, cause him to
be conveyed on board for the purpose of fulfilling his engagement,
or deliver him to the skipper to be so conveyed by him, and may
order any costs or expenses properly incurred to be paid by the
offender, and if necessary to be deducted from any wages which
he has then earned, or which he may thereafter earn under his
engagement.
Apprehension 380.-(1.) Any of the following officers ; namely,-
of seamen (a) a superindendent or;
guilty of
certain
(b) the principal Board of Trade officer at a port or district, or
offences. his deputy ;
may, on the information (made, if the officer so require, on oath) of
the owner, skipper, second hand, or agent of a fishing boat, issue a
warrant under his hand in the form approved by the Board of Trade
for the apprehension of any seaman or apprentice charged with the
offence (under this Part of this Act) of desertion, absence without
leave, wilful disobedience, continued breach of duty, or unlawful
combination.
(2.) Such warrant shall be executed by any constable of the
county, borough, or place, where the offender may be, and shall
continue in force for ninety-six hours from the time endorsed on
the warrant by the officer issuing the same.
164
(3.) The seaman or apprentice when apprehended shall be A.D. 1894.
brought by the constable without delay before some officer by
whom a warrant may be issued under this section, and that officer
shall then and there inquire into the case, and. if the explanation
of the seaman or apprentice is, in his opinion, sufficient, shall
discharge him, but, if not, shall order him to join his boat and
resume his duty.
(4.) If the seaman or apprentice refuses to obey that order, the
officer shall order him to be detained and to be brought with
convenient speed before a court of summary jurisdiction, and that
court shall hear and determine in due course of law the charge
made against him by the information on which he has been
apprehended.
(5.) An information laid before an officer under this section need
not be reduced to writing.
(6.) An officer acting under this section may take the evidence
(if he thinks fit, on oath) of any person other than the seaman or
apprentice charged who is able and willing to give information as
to the matters in question, and for that purpose shall have the
powers of a Board of Trade inspector under this Act.
(7.) A warrant issued under this section shall be valid if it is in
the form a f,proved by the Board of Trade and filled in reasonably
in accordance with the directions contained in the form, and is duly
signed, and shall not be invalidated by the officer who issued it
dying or ceasing to hold office.
381. If a seaman or apprentice engaged or liable to serve on Dealing with
board any fishing boat neglects, or refuses to join, or deserts from, seaman who
or refuses to proceed to sea in, or absents himself without leave prceefl to
from that fishing boat, the skipper owner or agent of the boat may, sea, &c.
with or without the assistance of the local constables (who shall
give their assistance in these cases when required by the skipper,
owner, or agent) take the seaman or apprentice before some officer
by whom a warrant can be issued for his apprehension under this
Part of this Act, who shall deal with him as if apprehended under
such a warrant.
382.-(1.) If a seaman (not being a sea-fishing boy as defined Notice by
by this Act) or a skipper intends to absent himself from his fishing e man that he
boat or his duty, he may, when not at sea, give notice of his absent himself.
intention, if a skipper to the owner of the boat or the owner's
agent, and if a seaman either to the owner or to the skipper, not
less than forty-eight hours before the time at which he ought to be
on board.
(2.) When such notice is duly given the skipper or seaman shall
not be, compelled to go or be brought on board for the purpose of
proceeding with the voyage or engagement. '
383.-(1.) The wages of a skipper seaman or apprentice of a wages. Calculation of

fi-hing boat shall accrue from day to day.
(2.) When wages are contracted for by the voyage or trip or the
season or by the share, and not by a stated period of time, the
amount accruing from day to day shall be an amount equal to the
wages for the whole voyage or trip or season, or the whole share,
165
[Cu. 60.] Merchant Shipping Act, 1894. [57 & 58 ViCT.]
A.D. 1894. (as the case may be) divided by the number of days occupied in
the voyage or trip or season, but a skipper seaman or apprentice
shall not be entitled to more than what his share of the profits or
catch made during the period he has actually served may or would
have amounted to.
(3.) Where the whole time spent in the voyage or trip does not
exceed the period for which the wages are to be forfeited, the
forfeiture shall extend to the whole wages or share.
Facilities for 384.-(1.) Whenever a question arises before a court whether
proving the wages of any skipper seaman or apprentice of a fishing0 boat
desertion so
far as concerns are forfeited for desertion, it shall be sufficient for the person
forfeiture of insisting on the forfeiture to show that the skipper seaman or
wages. apprentice was duly engaged and belonged to the boat, and left
the boat before the completion of the voyage or engagement.
(2.) The desertion shall thereupon, so far as relates to any
forfeiture of wages, be deemed to be proved, unless the skipper
seaman or apprentice can produce a proper certificate of discharge,
or can otherwise show to the satisfaction of the court that he was
not guilty of desertion.
Provisions as to Deaths, Injuries, Ill-treatmnent, Punishments, and

Casualties in Fishing Boats.
Record and 385.-(1.) The skipper of a fishing boat shall keep a record of
report of the following occurrences; namely,-
death, injury,
ill-treatment, (i.) Of every death, injury, ill-treatment, or punishment of any
punishment, member of his boat's crew while at sea or of any person on
casualties, &c. board his boat, and
(ii.) Of every casualty to his fishing boat or any boat belonging
to her.
(2.) The skipper shall produce the record so kept to any
superintendent when required by him, and shall also send the same
to the superintendent at the port to which the boat belongs at such
periods as the Board of Trade require by any directions endorsed
on the forms approved by them.
(3.) If any such occurrence has happened in the case of a fishing
boat, the skipper of the boat shall make to the superintendent at
the port where his boat's voyage ends, within twenty-four hours of
the boat's arrival at that port, a report of the occurrence.
(4.) The record and report under this section shall be in such
form and contain such particulars as the Board of Trade require.
(5.) If a skipper fails without reasonable cause to comply with
any requirement of this section, he shall for each offence be liable
Inquiry as to 386.-(1.) Where any such occurrence as in the last preceding
death, injury, section mentioned happens or is supposed to have happened, the
ill-treatment,
punishment, superintendent at or nearest to the port at which the fishing boat
&c. arrives after the occurrence, or to which the boat belongs, may
inquire into the cause and particulars of the occurrence, and, if a
report as to the occurrence is made to him in pursuance of the said
section, may make on the report an endorsement either that in his
166
opinion the particulars in the report are true, or otherwise to such A.D. 1894.
effect as in his opinion his information warrants.
(2.)' For the purpose of the inquiry, a superintendent shall have
--
all the powers of a Board of Trade inspector under this Act.
(3.) If in the course of the inquiry it appears to the superin-
tendent that any such occurrence as aforesaid has been caused or
was accompanied by violence or the use of any improper means, he
shall report the matter to the Board of Trade, and shall also, if the
emergency of the case in his opinion so requires, take immediate
steps for bringing the offender to justice, and may for that purpose,
if in his discretion he thinks it necessary, cause him to be arrested,
and thereafter dealt with in due course of law.
Settlement of Disputes.
387.-(1.) A superintendent shall inquire into, hear, and Decision of
determine any dispute, either between the owner of a fishing boat disputes
and the skipper or a seaman of the boat, or between the skipper of superintendent
a fishing boat and any seaman of the boat concernin- g
(i) the skipper's or seaman's wages or his share in the profits of
the voyage or trip or a fishing catch, or any deduction there-
from ; or
(ii) the skipper's or seaman's engagement, service, or discharge ;
or
(iii) the cost, quantity, or quality, of the provisions supplied to
the crew ;
if any party to the dispute calls on him to decide it, and his decision
thereon shall be final and binding on all persons.
(2.) The decision shall, on the request of any party to the
dispute, be put into writing, and any such written decision, if
purporting to be signed by the superintendent, shall be admissible
in evidence in manner provided by this Act.
(3.) The decision may be enforced by any justice of the peace,
within whose jurisdiction the person or goods of any one against
whom the decision is given may be found, in the same manner as
if the decision were an order made by a court of.summary juris-
diction, and a skipper or seaman may also recover any sum
adjudged due to him by any such decision as if it were wages.
(4.) A superintendent for the purpose of hearing and determin-
ing any such dispute shall have all the powers of a Board of Trade
Provisions for ascertaining Profits of Fishing Boats.

388.-(1.) Where a skipper or any other member of the crew Accounts to
be rendered by
of a fishing boat is paid by a share in the catch; the owner of the owners.
boat shall render to him a full and true account, in a form approved
by the Board of Trade, showing in detail the amounts for which
the fish have been sold, and all deductions from those amounts
which are chargeable in any respect to the men who are paid by
share, and are made either in respect of stores supplied to the
fishing boat, or provisions furnished to the crew or otherwise.
367
[Cs. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT]
A.D. 1894. (2.) If the owner of a fishing boat fails without reasonable cause
to comply with the foregoing provisions of this section, he shall
(3.) If a dispute arises as to the share of the catch, the skipper
or seaman shall be entitled to inspect at all reasonable times the
owner's accounts and bo.,ksrelating to the catch, and if the owner
of a fishing boat upon demand fails without reasonable cause to
submit his accounts or books at a reasonable time to such inspec-
tion, he shall for each offence be liable to a fine not exceeding
twenty pounds.
Agreements,for Fishing Ve.esels in Scotland.

Agreements
for fishing
389.-(1.) The owner or skipper of any British vessel engaged
vessels in
in fishing off the coast of the United Kingdom may enter into an
Scotland. agreement with any person employed on that vessel that that
person shall be remunerated wholly by a shnre in the profit of the
fi.,hing adventure.
(2.) Every such agreement shall be in writing, and shall be
signed by the contracting parties in the presence of a superin-
tendent.
(3.) The superintendent shall, before the agreement is signed,
read and (if necessary) explain the same to the contracting parties,
and shall attest the signature of the agreement and certify that it
has been read to, and agreed to, by the contracting parties.
(4.) Any such agreement, if made in manner provided by this
section, shall be valid and binding on all the contracting parties,
and shall have effect notwithstanding anything in Part 11. of this
Act.
(5.) This section shall only apply to Scotland.
Fees and Control of Superintendents.

Fees payable
on engage-
390.-(1.) The Board of Trade may fix the fees to be payable
ments and upon engagements or discharges of members of the crews of fishing
discharges. boats when effected before a superintendent ; and a superintendent
may refuse to proceed with any such engagement or discharge
unless the fee payable thereon has first been paid.
(2.) All fees so paid shall be carried to the credit of the Mercantile
Marine Fund.
Control of 391. All superintendents shall, in carrying into effect the pro-
Board of
Trade. visions of this Part of this Act, other then those relating to the
fishing boat register, be subject to the control of and obey any
directions given by the Board of Trade.
(II.) PROVISIONS APPLYING TO ALL FISHING BOATS OF TWENTY-

FIVE TONS TONNAGE AND UPWARDS.
The following sections shall apply to all fishing boats of twenty-

five tons tonnage and upwards.
168
[5i & 58 VICT.] Merchant Shipping Act, 1894. [CH. 60.]
Apprenticeship and Agreements with Boys. A.D. 1894.
392. A boy under the age of thirteen years shall not enter into Restriction on
any apprenticeship to the sea-fishing service or agreement with apprenticeships
respect to that service, and an indenture of apprenticeship or and agreements
in the
agreement made contrary to this section shall be void. you ng boys.
393.-(1.) A boy unaer the age of sixteen years shall not be Boys to be
taken to sea for the purpose of serving in any capacity connected properly
with he sea-fishing service unless he is bound by3' an indenture apprenticed
i
have proper
or
of apprenticeship or agreement made in conformity with this Part agreements.

of this Act, and a boy bound by any such agreement is in this Act
referred to as a sea-fishing boy.
(2.) If any person takes a boy to sea, or causes a boy to be taken
to sea, in contravention of this section, that person shall be liable
(3.) Boards of guardians in apprenticing boys to the sea-fishing
service, shall not cause or permit any such apprenticeship to be
made except in conformity with this Pat t of this Act.
(4.) Nothing in this Part of this Act shall prevent the daily
employment in a fishing boat of any boy under the age of sixteen
years, who is under no obligation to remain in that employment for
a longer period than one day, and with whom no written agreement
has been made.
394. All superintendents shall give to persons desirous of Assistance by
making indentures of apprenticeship to the sea-fishing service or
tendents.
agreements under this Part of this Act, or of causing the same to
be made, such assistance as may be in their power in reference
thereto, and shall supply forms of indentures or agreements at such
reasonable rates (if any) as the Board of Trade may fix, and may
receive such fees in respect of those indentures or agreements as
the Board of Trade may fix.
395.-(1.) Indentures of apl renticeship to the sea-fishing service, Apprentice-
and agreements with boys under the age of sixteen years with ships and
agreements
respect to that service shall be made before a superintendent and with boys to be
be in accordance with this Act, and every such indenture or made before
agreement not so made shall be void. superin-
tendent.
(2.) A superintendent, before allowing any such indenture or
agreement to be completed, shall satisfy himself-
(a) that the indenture or agreement complies with all the
requirements of this Part of this Act; and
(b) that the master with whom the indenture or agreement is
made is a fit person for the purpose ; and
(c) that the apprentice or boy is not under the age of thirteen
years, and is of sufficient health and strength ; and
(d) that the nearest relations of the apprentice or boy or his
guardians assent, in the case of an apprentice, to the
apprenticeship, and to the stipulations in the indenture of
apprenticeship, and in the case of a boy, to the stipulations of
the agreement ;
and shall make and sign an endorsement that he is so satisfied on
the indenture or agreement.
169
[OH. 60.] Merchant Shipping Act, 1894. [57 & 58 VIcl'.]
A.D. 1894. (3.) Where there are no nearest relations or guardians, or where
they cannot readily be found, or are not known, the superintendent
shall act as guardian for the occasion, and state in his endorsement
that he has so acted.
(4.) The superintendent's endorsement shall be admissible in
evidence in manner provided by this Act.
(5.) The indentures of apprenticeship and agreements shall be in
such form, and contain such covenants, provisions, stipulations,
endorsements, and certificates as are prescribed by Order in
Council made on the recommendation of the Board of Trade, and
any directions given in the forms so prescribed shall be complied
with.
(6.) The indentures and agreements shall be executed in tripli-
cate, one of which shall be kept by the master, one by the boy, and
one by the superintendent before whom it is made.
(7.) All such indentures and agreements made in conformity
with this Part of this Act shall be exempt from stamp duty.
Enforcement 396.-(1.) Where an indenture of apprenticeship to the
tents sea-fishing service, or any agreement with a sea-fishing boy, has
indentures or been made before a superintendent at a port, the superintendent
agreements. for the time being at that port may, by proper legal proceeding
taken in his own name, enforce on behalf of the apprentice or
boy against the master any stipulations in that indenture or
agreement.
(2.) Where an apprentice or boy is taken to sea from'any port
under an indenture or agreement which is void, the superintendent
at that port, or if there is none the superintendent at the nearest
port, may, by proper legal proceedings taken in his own name,
enforce, to such extent as he thinks just, on behalf of the appren-
tice or boy against the master any stipulation in the void indenture
or agreement which is in favour of the apprentice or boy.
(3.) Any sums recovered by a superintendent under this section
may, so far as necessary, be applied by him in payment of the
costs of recovering the same.
Powers of 397. Where an indenture of apprenticeship to the sea-fishing
superintendent
under inden- service, or an agreement with a sea-fishing boy, is made before a,
tore or superintendent at any port, the superintendent for the time being
agreement. at that port shall have, and when necessary shall execute, all the
powers given to the superintendent by the indenture or agreement.
Prohibition on 398. If any person-
taking money (a) receives any money or valuable consideration from the
for aprentice-
ships and boys person to whom an apprentice in the sea-fishing service is
agreements. bound, or to whom a sea-fishing boy is bound by any agree-
ment, or from anyone on that person's behalf, or from the
apprentice or boy or anyone on the apprentice or boy's
behalf, in consideration of the apprentice or boy being so °
bound ; or
(b) makes or causes any such payment to be made ;
that person shall in respect of each offence be guilty of a misdemeanor,
whether the apprentice or boy was or was not validly bound.
170
(III.) PROVISIONS APPLYING TO TRAWLERS. A.D. 1894.
The following sections shall apply only to fishing boats being
trawlers and save as otherwise provided only to fishing boats being
trawlers of twenty-five tons tonnage and upwards.
399.-(1.) The skipper of every fishing boat being a trawler Agreements
with crew.
of twenty-five tons tonnage or upwards shall enter into an agree-
ment (in this Part of this Act called a fishing boat's agreement),
in accordance with this Part of this Act, with every seaman whom
he carries to sea as one of his crew from any port in England or
Ireland, and shall not carry to sea any seaman with whom no such
agreement has been entered into.
(2.) If a skipper acts in contravention of this section, he shall
(3.) This section shall not apply in the case of a sea-fishing
boy.
400.-(1.) A fishing boat's agreement shall be in a form Form, period,
nd condition
approved by the Board of Trade, and be dated at the time of the of agreement.
fi rst signature thereof, and be signed by the skipper before a
seaman signs it.
(2.) A fishing boat's agreement shall contain as terms thereof-
(a) the nature and, as far as practicable, the duration of the
intended voyage or engagement :
(b) the number and description of the crew :
(c) the time at which each seaman is to be on board or to begin
work :
(d) the capacity in which each seaman is to serve :
(e) the remuneration which each seaman is to receive, whether
in wages or by share in the catch, or in both ways, and the
time from which each seaman's remuneration is to commence
(f) a scale of the provisions to be furnished to each seaman :
(g) any regulations as to conduct on board, and as to fines,
short allowance of provisions, or other lawful punishment for
misconduct, which the Board of Trade have approved as proper
and the parties agree to adopt.
(3.) The fishing boat's agreement shall be so framed as to admit
of stipulations, to be adopted at the will of the skipper and seaman
in each case, as to advance and allotment of wages, and may
contain any other stipulations that are not contrary to law.
of enter-
401.-(1.) A fishing boat's agreement shall be signed by each Modeing into
seaman, and the skipper shall cause the agreement to be read over agreements.
and explained to each seaman, or otherwise ascertain that each °
seaman understands the same before he signs it, and shall attest
each signature.
(2) When the crew is first engaged the agreement shall be
signed in duplicate, and one part shall be sent by the skipper to
the superintendent at the port of departure and retained by him,
and the other part shall be retained by the skipper, and shall
contain a special place for the descriptions and signatures of
171
[CFi. 60.] Merchant Shipping Act, 1894. [57 & 58 Vim, ]
A.D. 1894. substitutes, or persons engaged subsequently to the first departure

of the fishing boat.
(3.) Where a substitute is engaged in the place of a seaman who
has signed the agreement, and whose services are lost by death,
desertion, failure to join, or other unforeseen cause, the skipper
shall, before the fishing boat puts to sets, if practicable, and if not
as soon afterwards as possible, cause the agreement to be read
over and expla;ned to the substitute, and the substitute shall
thereupon sign the same in the presence of the skipper who shall
attest the signature.
Agreements by 402.-(1.) Fishing boats agreements may be made by the
owner or for owner (or if there are several owners the registered managing
service in two
or more fishing owner) instead of by the skipper; and the provisions of this Part
boats. of this Act with respect to fishing boats agreements shall apply as
if the owner were skipper.
(2.) Fishing boats agreements may be made for service either in
a particular boat or in two or more boats belonging to the same
owner, provided that in the latter case the naives of the boats and
the length and nature of the service, and the rates periods and
method of payment are specified in the agreement.
Fishing boats 403.-(1.) Fishing boats agreements may, if the voyages of the
running agree- boat average less than six months in duration, be made to extend
ments.
over two or more voyages or any number of weeks, and agreements
so made are in this Part of this Act referred to as fishing boats
running agreements.
(2.) Fishing boats running agreements shall not extend beyond
the next following thirtieth day of June or thirty-first day of
December, or the first arrival of the boat at her port of destination
in the United Kingdom after that date, or the discharge of cargo
consequent on that arrival.
Endorsement
of engage-
404.-(1.) Where a fishing boat's running agreement has been
ments and made for any boat, the skipper shall on every return to a port in
discharge on the United Kingdom before the final termination of the agreement
running make and sign an endorsement on the agreement stating either
agreements.
that no engagements or discharges of seamen have been made
or are intended to be made before the boat leaves port, or that all
those made have been made as required by law.
(2.) If ja skipper knowingly makes a false statement in any such
endorsement, he shall for each offence be liable to a fine not
Report of 405.--(1.) The owners of a fishing boat, being a trawler of
crew.
twenty-five tons tonnage or upwards, shall, within forty-eight
hours of her departure from port on any voyage, send or cause
to be sent to the superintendent at the port a true report, signed
by an owner or the registered managing owner, in a form approved
by. the Board of Trade, stating the names of the skipper, seamen,
and apprentices who have gone to sea in her, and such other
particulars as the Board require.
(2.1 Where the sole or the registered managing owner or every
owner of such a fishing boat goes to sea in her on the voyage, or
the voyage commences at a port where there is no owner or
172
registered managing owner, the report may be made and signed on A.D. 11+94.
his behalf by his agent for that purpose.
--
the case of any boat, each owner of the boat and the registered
managing owner (if any) of the boat shall for each offence be
(4.) The Board of Trade may in any case they think fit, and
subject to such conditions and requirements as in their opinion
may be necessary, exempt owners of boats from this section.
406.-(1.) Where a fishing boat's running agreement has been statement of
made, the skipper shall, before finally leaving any port for sea cl of
crewgin case of
during the continuance of the agreement, sign and send to the running
nearest superintendent an accurate statement, in a form approved agreements.
by the Board of Trade, of every change which has taken place in
his crew, and that statement shall be admissible in evidence in
manner provided by this Act.
(2.) If a skipper fails without reasonable cause to comply with
(3.) The Board of Trade may in any case they think fit, and
subject to such conditions and requirements as in their opinion
may be necessary, exempt skippers of boats from this section.
407. Every erasure interlineation or alteration in a fishing Alterations,
boat's agreement (except additions so made as herein-before ments &c. in agree-
to be
directed for shipping substitutes or persons engaged subsequently attested.
to the first departure of the fishing boat) shall be wholly inopera-
tive unless proved to have been made with the consent of all the
persons interested in that erasure interlineation or alteration.
408. If a skipper-
(i) fraudulently alters, or makes any false entry in, a fishing offences as to
boat's agreement, or is privy to any such fraudulent alteration agreements
with the crew.
or false entry ;
(ii) delivers, or is privy to the delivery of, a false copy of a
fishing boat's agreement ;
he shall for each offence be liable to a fine not exceeding twenty
pounds.
Payment of Wages and Discharge of Seamen.

409.-(1.) The owner of a fishing boat, being a trawler of Account of
twenty-five tons tonnage or upwards, shall deliver to the skipper, wages.
and the owner or skipper of such a boat shall deliver to every
seaman of that boat, a full and true account, in a form approved by
the Board of Trade, of the wages of the skipper or seaman, as the
case may be (not being a share in the catch), and of all deductions to
be made therefrom on any account whatever, and a deduction
from the wages of a skipper or seaman shall not be allowed unless
it is included in the account so delivered, or is in regard of a matter
happening after such delivery.
(2.) The skipper may by notice to the owner, and a seaman may
by notice to the skipper, dispense with the delivery of such account,
,173
[Ca. 60.] Merchant Shipping Act, 1894. [57 & 58 Vrc'r.]
A.D. 1894. (3.) Except where the account of wages is dispensed with, the
--- account shall be delivered not less than four hours before the paying
off or discharge of the skipper or seaman.
(4.) If the owner or skipper of a boat fails without reasonable
cause to comply with this section, he shall for each offence be liable
to a fine not exceeding five pounds.
Certificate of 410.-(1.) Upon the discharge of a seaman from a fishing boat,
discharge. being a trawler of twenty-five tons tonnage or upwards, or on the
payment of his wages, the skipper shall sign and deliver to him a
certificate of discharge, in a form approved by the Board of Trade,
specifying the period of his service, and the time and place of his
discharge.
(2.) If a skipper fails to comply with this section, he shall for
each offence be liable to a fine not exceeding five pounds.
Compensation 411. If a seaman, having signed a fishing boat's agreement, is
to seamen discharged before the commencement of the voyage, or at any time
is a during the voyage or engagement, without fault on his part justify-
ing the discharge and without his consent, he shall be entitled to
ddhge.
recover, in addition to an amount of wages proportionate to the

time he has served, sufficient compensation for the damage caused
to him by the discharge, and may recover that compensation as
wages duly earned.
Provision as to 412. The provisions of this Part of this Act relating to the dis-
discharge, &c. charge of seamen and the payment of wages shall apply whether
to apply the
case of an
any
the seaman is serving under an ordinary agreement, or under an
sort of agree- agreement to serve in two or more fishing boats belonging to the
ment. same owner, or under a fishing boat's running agreement.
Certificates of Skippers and Second Hands.

Skippers and 413.-(1.) A fishing boat, being a trawler of twenty-five tons
second hands
to hold cer-
tonnage or upwards, shall not go to sea from any port of England
tificate of or Ireland unless provided with a duly certificated skipper and a
competency. duly certificated second hand.
(2.) If a boat goes to sea contrary to this section, the owner
thereof shall for each offence be liable to a fine not exceeding
twenty pounds.
(3.) If any person, except in case of necessity-
(a) having been engaged to serve as skipper or second hand of
a fishing boat, being a trawler of twenty-five tons tonnage
and upwards, serves as skipper or second band of' that boat
without being duly certificated ; or
(b) employs any person as skipper or second hand of such a
boat without ascertaining that he is duly certificated ;
twenty pounds.
(4.) A skipper or second hand shall not be deemed duly certificated
for the purpose of this section unless he holds a certificate under
this Part of this Act appropriate to his station in the boat or to a
higher station.
(5.) Where the skipper of such a boat is absent from his boat a
superintendent may, on the request -of the owner of the boat, and
174
[57 & 58 VICT.] Merchant Shipping Act, 1894. [CE. 60.]
on being satisfied that the absence is due to an unavoidable cause, A.D. 1894.'
authority the second hand of the boat to act, for a period not
exceeding one month, as the skipper of the boat during the skipper's
absence, and the second hand when acting under that authority
shall for the purposes of this section be deemed to be <a duly
certificated skipper.
414.-(1.) Certificates of competency as skipper or as second Granting of
hand of fishing boats, or any particular class of fishing boats, may ate of
rtifcompetency.
be granted by the Board of Trade in the same manner as certificates
of competency as master or mate under the Second Part of this
Act, and all the provisions of this Act with respect to or connected
with the examination of applicants for certificates and the granting
thereof, and the suspension and cancellation thereof, and inquiries
and investigations into the conduct of the holders thereof, and all
other provisions of this Act relating to or connected with certificates
of masters or mates, shall apply to the certificates as skipper or
second hand of fishing boats, and the holders thereof, as if the
certificates had been granted under Part II. of this Act, and the
holders thereof shall be entitled to such privileges, and subject to
such liabilities as they would be if such certificates had been so
granted.
(2.) A certificate of competency as skipper of a fishing boat
shall not be granted to any person unless he has previously held
a certificate as second hand for at least twelve months.
415.-(1.) If any person before the first day of September one certificate of
thousand eight hundred and eighty-three served as a skipper or service.
before the first day of July one thousand eight hundred and eighty-
eight served as a second hand in fishing boats, being trawlers of
twenty-five tons tonnage and upwards or such other fishing boats
as the Board of Trade consider will have afforded that person
sufficient experience, for a period amounting in all to not less than
twelve months, that person shall be entitled to a certificate of
service as skipper or second hand, as the case may be, of a fishing
boat, limited, if he has been exclusively employed in a particular
class of such fishing boats, to that particular class.
(2.) If a person proves to the Board of Trade that he has. served
as required by this section and has been generally well conducted
on board the boats in which lie has served, the Board of Trade
shall deliver a certificate of service to him.
(3.) The certificate of service shall differ in form from a certificate
of competency, and shall contain particulars of the name, place, and
date of birth of the holder, and of the length and nature of his
previous service.
(4.) This Act shall apply to a certificate of service so granted and
to the holder thereof in like manner as it applies to a certificate of
competency granted under this Part of this Act and to the holder
thereof.
416.-(1) The Board of Trade may cause a register of certificated Registers of
skippers and second hands to be kept in such form and by such skippers and
certificated
person, and containing such particulars, as the Board direct. second hands.
175
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 Vici.]
A.D. 1894. (2.) Such register shall be admissible in evidence in manner

provided by this Act, and the absence of an entry in the register
of any person or matter shall be evidence of the non-registration
of such person or matter, and if the question is whether the person
has been certificated as a skipper or second hand, of his not being
so certificated.
Conveyance of Fish from Trawlers.

Board of Trade 417.-(1.) The Board of Trade, on the application of any owners
regulations asof a fleet of fishing boats, or of any association of owners of fishing
to conveyance
of fish from boats, or of any persons having the charge or command of a fleet
trawlers. of fishing boats, or without such application if the person or
association entitled to make the application fails after request by
the Board of Trade to do so, may make such regulations respecting
the conveyance of fish from fishing boats catching fish as trawlers
to vessels engaged in collecting and carrying fish to port, as may
appear to the Board expedient for preventing loss of life, or danger
to life or limb.
(2.) All regulations so made shall be laid for thirty days before
both Houses of Parliament while in session, and shall not come
into force till the expiration of those thirty days ; and if either
House within those thirty days resolves that the whole or any
part of the regulations laid before them ought not to be in force,
the same shall not have any force, without prejudice, nevertheless,
to the making of any other regulation in its place.
(3.) All regulations made under this section shall, whilst in force,
have effect as if enacted in this Act.
(4.) If any person to whom such a regulation applies fails without
reasonable cause to comply therewith, he shall for each offence be
liable to a fine not exceeding ten pounds.
(5.) This section shall apply to fishing boats of whatever tonnage.
PART V.
SAFETY.
Prevention of Collisions.
Collision 418.-(1.) Her Majesty may, on the joint recommendation of
regulations. the Admiralty and the Board of Trade, by Order in Council, make
regulations for the prevention of collisions at sea, and may thereby
regulate the lights to be carried and exhibited, the fog signals to be
carried and used, and the steering and sailing rules to be observed,
by ships, and those regulations (in this Act reteired to as the
collision regulations), shall have effect as if enacted in this Act.
(2.) The collision regulations, together with the provisions of
this Part of this Act relating thereto, or otherwise relating to
collisions, shall be observed by all foreign ships within British
jurisdiction, and in any case arising in a British court concerning
matters arising within British jurisdiction foreign ships shall, so
far as respects the collision regulations and the said provisions of
this Act, be treated as if they were British ships.
176
[57 & 58 VICT.] Merchant-Shipping Act, 1894. [CH. 60.]
419.-(L) All owners and masters of ships shall obey the A.D. 1894.
collision regulations, and shall not carry or exhibit any other
lights, or use any other fog signals, than such as are required by oOfbcollision
those regulations. regulations.
(2.) If an infringement of the collision regulations is caused by
the wilful default of the master or owner of the ship, that master
or owner shall, in respect of each offence, be guilty of a mis-
demeanor.
(3.) If any damage to person or property arises from the non-
observance by any ship of any of the collision regulations, the
damage shall be deemed to have been occasioned by the wilful
default of the person in charge of the deck of the ship at the time,
unless it is shown to the satisfaction of the court that the cir-
cumstances of the case made a departure from the regulation
necessary.
(4.) Where in a case of collision it is pr,)ved to the court before
whom the case is tried, that any of the collision regulations have
been infringed, the ship by which the regulation has been in-
fringed shall be deemed to be in fault, unless it is shown to the
satisfaction of the court that the circumstances of the case made
departure from the regulation necessary.
(5.) The Board of Trade shall furnish a copy of the collision
regulations to any master or owner of a ship who applies for it.
420.-(1.) A surveyor of ships may inspect any ship, British Inspection as
and
or foreign, for the purpose of seeing that the ship is properly fog
C5 to lights
gnals.
provided with lights and the means of making fog signals, in
conformity with the collision regulations, and if the surveyor finds
that the strip is not so provided, he shall give to the master or
owner notice in writing, pointing out the deficiency, and also what
is, in his opinion, requisite in order to remedy the same.
(2.) Every notice so given shall be communicated in the manner
directed by the Board of Trade to the chief officer of customs at
any port at which the ship may seek to obtain a clearance or
transire ; and the ship shall be detained, until a certificate under
the hand of a surveyor of ships is produced to the effect that the
ship is properly provided with lights and with the means of making
fog signals, in conformity with the collision regulations.
(3.) For the purpose of an inspection under this section a
surveyor shall have all the powers of a Board of Trade inspector
under this Act.
(4.) Where the certificate as to lights and fog signals is refused,
an owner may appeal to the court of survey for the port or district
where the ship for the time being is in manner directed by the
rules of that court.
(5.) On any such appeal the judge of the court of survey shall
report to the Board of Trade on the question raised by the appeal,
and the Board of Trade, when satisfied that the requirements of
the report and of this Act as to lights and fog signals have been
complied with, may grant, or direct a surveyor of ships or other
person appointed by them to grant, the certificate.
(6.) Subject to any order made by the judge of court of survey
the costs of and incidental to the appeal shall follow the event.
M 177
[CH. 60.1 Merchant Shipping Act, 1894. [57 & 58 VICT.]
A.D. 1894. (7.) A surveyor in making an inspection under this section shall,
if the owner of the ship so require, be accompanied on the inspec-
tion by some person appointed by the owner, and, if in that case
the surveyor and the person so appointed agree, there shall be no
appeal under this section to the court of survey.
(8.) Such fees as the Board of Trade may determine shall be
paid in respect of an inspection of lights and foj signals under
this section not exceeding those specified in the Sixteenth Schedule
to this Act.
Saying for 421.-(1.) Any rules made before or after the passing of this
local rules of Act under the authority of any local Act, concerning lights and
navigation in
harbours, &e. signals to be carried, or the steps for avoiding collision to be taken,
by vessels navigating the. waters of any harbour, river, or other
inland navigation, shall, notwithstanding anything in this Act,
have lull effect.
(2.) Where any such rules are not and cannot be made, Her
Majesty in Council on the application of any person having
authority over such waters, or, if there is no such person, any
person interested in the navigation thereof, may make such
rules, and those rules shall, as regards vessels navigating the said
waters, be of the same force as if they were part of the collision
regulations.
Duty of 422 ...-(1.) In every case of collision between two vessels, it shall
vessel to assist be the duty of the master or person in charge of each vessel, if
in caseof and so far as he can do so without danger to his own vessel crew
collision. and passengers (if any),
(a) to render to the other vessel her master crew and passengers
(if any) such assistance as may be practicable, and may be
necessary to save them from any danger caused by the
collision, and to stay by the other vessel until he has
ascertained that she has no need of further assistance, and also
(b) to give to the master or person in charge of the other vessel
the name of his own vessel and of the port to which she
belongs, and also the names of the ports from which she comes
and to which she is bound.
(2.) If the master or person in charge of a vessel fails to comply
with this section, and no reasonable cause for such failure is shown,
the collision shall, in the absence of proof to the contrary, be
deemed to have been caused by his wrongful act neglect or default.
(3.) If the master or person in charge fails without reasonable
cause to comply with this section, he shall be guilty of a mis-
demeanor, and, if he is a certificated officer, an inquiry into his
conduct may be held, and his certificate cancelled or suspended.
Collisions to
be entered in
423.-(1.) In every case of collision, in which it is practicable
so to do, the master of every ship shall immediately after the
official log.
occurrence cause a statement thereof, and of the circumstances
under which the same occurred, to be entered in the official log-
book (if any), and the entry shall be signed by the master, and
also by the mate or one of the crew.
(2.) If the master fails to comply with this section, he shall for
each offence be liable to a fine not exceeding twenty pounds.
178
[57 & 58 Vic'r.] Merchant Shipping Act, 1894. [OH. 60.]
424. Whenever it is made to appear to Her Majesty in Council A.D. 1894.
that the Government of any foreign country is willing that the
collision regulations, or the provisions of this Part of this Act Application
-
relating thereto or otherwise relatingg to collisions, or. anyY of those relat ons to
regulations or provisions should apply to the ships of that country foreign ships.
when beyond the limits of British jurisdiction, Her Majesty may,
by Order in Council, direct that those regulations and provisions
shall, subject to any limitation of time conditions and qualifica-
tions contained in the Order, apply to the ships of the said foreign
country, whether within British jurisdiction or not, and that such
ships shall for the purpose of such regulations and provisions be
treated as if they were British ships.
Report of Accidents and Loss of Ship.

425.-(1.) When a steamship has sustained or caused any ReportoftoTrade
accident occasioning g loss (,f life or any Y serious injury to any Y of accidents
person, or has received any material damage affecting her sea- to steamships.
worthiness or her efficiency either in her hull or in any part of her
machinery, the owner or master shall, within twenty-four hours
after the happening of the accident or damage, or as soon thereafter
as possible, transmit to the Board of Trade, by letter signed by the
owner or master, a report of the accident or damage, and of the
probable occasion thereof, stating the name of the ship, her official
number (if any), the port to which she belongs, and the place
where she is.
(2.) If the owner or master of a steamship fails without reason-
able cause to comply with this section, he shall for each offence be
liable to a fine not exceeding fifty pounds.
(3.) This section shall apply to all British ships, and to all
foreign steamships carrying passengers between places in the
United Kingdom.
426.-(1.) If the managing owner or, in the event of there Notice of loss
being no managing owner, the ship's husband, of any British ship of be itieh n to
has reason, owing to the non-appearance of the ship or to any the Board of
other circumstance, to apprehend that the ship has been wholly Trade.
lost, he shall, as soon as conveniently may be, send to the Board of
Trade notice in writing of the loss and of the probable occasion
thereof, stating the name of the ship, her official number (if any),
and the port to which she belongs.
(2.) If a managing owner or ship's husband' fails without
reasonable cause to comply with this section within a reasonable
time, he shall for each offence be liable to a fine not exceeding fifty
pounds.
Life-saving Appliances.
427.-(l.) The Board of Trade may make rules (in this Act Rules as to
life-saving
called rules for lie-saving appliances) with respect to all or any appliances.
of the following matters; namely,-
(a.) The arranging of British ships into classes, having regard to
the services in which they are employed, to the nature and
duration of the voyage, and to the number of persons carried;,
M 2 179
[CH. 60.) Merchant Shippi'tig Act, 1894. [57 & 58 VICT]
-
A.D. 1594. (b.) The number and description of the boats, life-boats, life-
rafts, life-jackets, and life-buoys to be carried by British ships,
according to the class in which they are arranged, and the
mode of their construction, also the equipments to be carried
by the boats and rafts, and the methods to be provided to get
the-boats and other life-saving appliances into the water which
methods may include oil for use in stormy weather ; and
(c) The quantity, quality, and description of buoyant apparatus
to be carried on board British ships carrying passengers, either
in addition to or in substitution for boats, life-boats, life-rafts,
life-jackets, and life-buoys.
(2.) All such rules shall be laid before Parliament so soon as
may be after they are made, and shall not come into operation
until they have lain for forty days before both Houses of Parliament
during the session of Parliament; and on coming into operation
shall have effect as if enacted in this Act.
(3.) Rules under this section shall not apply to any fishing boat
for the time being entered in the fishing boat register under Part IV.
of this Act.
Duties of 428. It shall be the duty of the owner and master of every
owners and British ship to see that his ship is provided, in accordance with the
masters as
to carrying rules for life-saving appliances, with such of those appliances as,
life-saving having regard to the nature of the service on which the ship is
appliances. employed, and the avoidance of undue encumbrance of the ship's
deck, are best adapted for securing the safety of her crew and
passengers.
Appointment 429,-(1.) For the purpose of preparing and advising on the
of consultative rules for life-saving appliances, the Board of Trade may appoint a
committee for
framing rules. committee, the members of which shall be nominated by the Board
in accordance with the Seventeenth Schedule to this Act.
(2.) A member of the committee shall hold office for two
years from the date of his appointment, but shall he eligible for
re-appointment.
(3.) There shall be paid to the members of the committee, out of
the Mercantile Marine Fund, such travelling and other allowances
as the Board of Trade may fix.
(4.) Her Majesty may, by Order in Council, alter the Seven-
teenth Schedule to this Act.
Penalty for 430.-(1.) In the case of any ship-
breach of (a) if the ship is required by the rules for life-saving appliances
rules.
to be provided with such appliances and proceeds on any
voyage or excursion without being so provided in accordance
with the rules applicable to the ship ; or
(b) if any of the appliances with which the ship is so provided
are lost or rendered unfit for service in the course of the
voyage or excursion through the wilful fault or negligence of
the owner or master ; or
(c) if the master wilfully neglects to replace or repair on the
first opportunity any such appliances lost or injured in the
course of the voyage or excursion ; or
(d) if such appliances are not kept so as to be at all times fit
and ready for use ;
180
then the owner of the ship (if in fault) shall for each offence bq A.D. 1894.
liable to a fine not exceeding one hundred pounds, and the master
of the ship (if in fault) shall for each offence be liable to a fine
(2.) Nothing in the foregoing enactments with respect to life-
saving appliances shall prevent any person from being liable under
any other provision of this Act, or otherwise, to any other or higher
fine or punishment than is provided by those enactments, provided
that a person shall not be punished twice for the same offence.
(3.) If the court before whom a person is charged with an offence
punishable under those enactments thinks that proceedings ought
to be taken against him for the offence under any other provision
of this Act, or otherwise, the court may adjourn the case to enable
such proceedings to be taken.
431.--(1.) A surveyor of ships may inspect any ship for the Survey of ship
purpose of seeing that she is properly provided with life-saving oitlive-saving
appliances in conformity with this Act, and for the purpose of appliances.ct
that inspection shall have all the powers of a Board of Trade
(2.) If the said surveyor finds that the ship is not so provided,
he shall give to the master or owner notice in writing pointing
out the deficiency, and also pointing out what in his opinion is
requisite to remedy the same.
(3.) Every notice so given shall be communicated in the manner
directed by the Board of Trade to the chief officer of customs
of any port at which the ship may seek to obtain a. clearance or
transire, and the ship shall be detained until a certificate under
the hand of any such surveyor is produced to the effect that the
ship is properly provided with life-saving appliances in conformity
with this Act.
General Equipment.
432:-(1.) Every British sea-going steamship if employed to Adjustmen of

carry passengers, shall have her compasses properly adjusted from compasses and
.
pro of
tune to time ; and every British sea-going steamship not used wholly hoseision
as a tug shall be provided with a hose capable of being connected
with the engines of the ship, and adapted for extinguishing fire in
any part of the ship :
(2.) If any such British sea-going steamship plies or goes to sea

from any port in the United Kingdom and any requirement of
this section is not complied with, then for each matter in which
default is made, the owner (if in fault) shall be liable to a fine not
exceeding one hundred pounds, and the master (if in fault) shall
be liable to a fine not exceeding fifty pounds.
433. A person shall not place an undue weight on the safety Placingonundue
valve of any steamship, and if he does so lie shall, in addition to weight valve.
13afety
any other liability he may incur by so doing, be liable for each
offence to a fine not exceeding one hundred pounds.
181
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 Vim]
A.D. 1894. Signals of Distress.

Signals of 434.-(1.) Her Majesty in Council may make rules as to what
distress. signah shall be signals of distress, and the signals fixed by those
rules shall be deemed to be signals of distress.
(2.) If a master of a vessel uses or displays, or causes or permits
any person under his authority to use or display, any of those
signals of distress, except in the case of a vessel being in distress,
he shall be liable to pay compensation for any labour undertaken,
risk incurred, or loss sustained in consequence of that signal having
been supposed to be a signal of distress, and that compensation
may, without prejudice to any other remedy, be recovered in the
same manner in which salvage is recoverable.
Provision of 435.-(1.) Where a ship is a sea-going passenger steamer or
signals of emigrant ship within the meaning of the Third Part of this
distress, in-
extinguishable Act, the ship shall be provided to the satisfaction of the Board
lights, and of Trade-
life-buoys. (a) with means for making the said signals of distress at night,
including means of making flames on the ship which are
inextinguishable in water, or such other means of making
signals of distress as the Board of Trade may previously
approve; and
(b) with a proper supply of lights inextinguishable in water,
and fitted for attachment to life-buoys.
(2.) If any such ship goes to sea from any port of the United
Kingdom without being provided as required by this section, then
for each default in any of the above requisites, the owner (if in
fault) shall be liable to a fine not exceeding one hundred pounds,
and the master (if in fault) shall be liable to a fine not exceeding
fifty pounds.
Draught of Water and Load-Line.
Ship's draught 436.-(1.) The Board of Trade may, in any case or class of
of water to be cases in which they think it expedient to do so, direct any person
recorded.
appointed by them for the purpose, to record, in such manner and
with such particulars as they direct, the draught of water of any
sea-going ship, as shown on the scale of feet on her stem and
stern post, and the extent of her clear side in feet and inches, upon
her leaving any dock, wharf, port, or harbour for the purpose of
proceeding to sea, and the person so appointed shall thereupon
keep that record, and shall forward a copy thereof to the Board
of Trade.
(2.) That record or copy, if produced out of the custody of the
Board of Trade, shall be admissible in evidence in manner provided
by this Act.
(3.) The master of every British sea-going ship shall, upon her
leaving any dock, wharf, port, or harbour for the purpose of pro-
ceeding to sea, record her draught of water and the extent of her
clear side in the official log-book (if any), and shall produce the
record to any chief officer of customs whenever required by him,
and if he fails without reasonable cause to produce the record
shall for each offence be liable to a fine not exceeding twenty pounds.
182 -
(4.) The master of a sea-going ship shall, upon the request of any A.D.
person appointed to record the ship's draught of water, permit that
person to enter the ship and to make such inspections and take such
-- 1894.
measurements as may be requisite for the purpose of the record ;

and if any master fails to do so, or impedes, or suffers anyone under
his control to impede, any person so appointed in the execution of
his duty, he shall for each offence be liable to a fine not exceeding
five pounds.
(5.) In this section the expression " clear side " means the height
from the water to the upper side of the plank of the deck from
which- the depth of hold as stated in the register is measured, and
the measurement of the clear side is to be taken at the lowest part
of the side.
437.-( 1.) Every British ship (except ships under eighty tons Marking of
register employed solely in the coasting trade, ships employed solely deck-lines.
in fishing, and pleasure yachts, and ships employed exclusively
in trading or going from place to place in any river or inland water
the whole or part of which is in any British possession), shall be
permanently and conspicuously marked with lines (in this Act
called deck-lines) of not less than twelve inches in length and one
inch in breadth, painted longitudinally on each side amidships, or
as near thereto as is practicable, and indicating the position of
each deck which is above water.
(2.) The upper edge of each of the deck-lines must be level with
the upper side of the deck plank next the waterway at the place
of marking.
(3.) The deck-lines must be white or yellow on a dark ground,
or black on a light ground.
(4.) In this section the expression " amidships " means the middle
of the. length of the load water-line as measured from the fore side
of the stein to the aft side of the stern-post.
438.-Q.) The owner of every British ship proceeding to sea Marking of
from a port in the United Kingdom (except ships under eighty tons load-line.
register employed solely in the coasting trade, ships employed solely
in fishing, and pleasure yachts) shall, before the time herein-after
mentioned, mark upon each of her sides, amidships within the
meaning of the last preceding section, or as near thereto as is
practicable, in white or yellow on a dark ground, or in black on
a light ground, a circular disc twelve inches in diameter, with
an horizontal line eighteen inches in length drawn through its
centre.
(2.) The centre of this disc shall be placed at such level as
may be approved by the Board of Trade below the deck-line
marked under this Act and specified in the certificate given there-
under, and shall indicate the maximum load-line in salt water to
which it shall be lawful to load the ship.
(3.) The position of the disc shall be fixed in accordance with
the tables used at the time of the passing of this Act by the Board
of Trade, subject to such allowance as may be made necessary by
any difference between the position of the deck-line marked under
this Act and the position of the line from which freeboard is
183
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 VI MI
A.D. 1894, measured under the said tables, and subject also to such modi6ca-
-- Lions, if any, of the tables and the application thereof as may be
approved by the Board of Trade.
(4) In approving any such modifications the Board of Trade
shall have regard to any representations made to then by any
corporation or association for the survey or registry of shipping
for the time being appointed or approved by the Board of Trade, as
herein-after mentioned, for the purpose of approving and certifying
the position of the load-line.
Ships With 439. If a ship is so loaded as to submerge in salt water the
submerged
load-lides
centre of the disc indicating the load-line, the ship shall be deemed
deeme unsafe. to be an unsafe ship within the meaning
of the provisions hereafter
contained in this Part of this Act, and such submersion shall be
a reasonable and probable cause for the detention of the ship.
'rime, &c. for 440.-(1.) Where a ship proceeds on any voyage from a port in
marking of the United Kingdom for which the owner is required to enter the
cload-line in
a
caseof foreign- ship outwards, the disc indicating the load-line shall be marked,
going vessels. before so entering her, or, if that is not practicable, as soon
afterwards as may be.
(2.) The owner of the ship shall upon entering her outwards
insert in the form of entry a statement in writing of the distance
in feet and inches between the centre of this disc and the upper
edge of each of the deck-lines which is above that centre, and if
default is made in inserting that statement, the ship may be
detained.
(3.) The master of the ship shall enter a copy of that statement
in the agreement with the crew before it is signed by any member
of the crew, and a superintendent shall not proceed with the
engagement of the crew until that entry is made.
(4.) The master of the ship shall also enter a copy of that
statement in the official log-book.
(5.) When a ship to which this section applies has been marked
with a disc indicating the load-line, she shall be kept so marked
until her next return to a port of discharge in the United
Kingdom.
Time, &c. for 441.-(1.) Where a ship employed in the coasting trade is
marking of required to be marked with the disc indicating the load-line, she
load-line in shall be so marked before the ship proceeds to sea from any port:
ease of coasting
vessels. `" and the owner shall also once in every twelve months, immediately
before the ship proceeds to sea, transmit or deliver to the chief
officer of customs of the port of registry of the ship a statement in
writing of the distance in feet and inches between the centre of
the disc and the upper edge of each of the deck-lines which is
above that centre.
(2.) The owner, before the ship proceeds to sea after any renewal
or alteration of the disc, shall transmit or deliver to the chief
officer of customs of the port of registry of the ship notice in writing
of that renewal or alteration, together with such statement in
writing as before mentioned of t e distance between the centre of
the disc and the upper edge of each of the (leek-lines.
184
(3.) If default is made in transmitting or delivering any notice A.D. 1894.
or statement under this section, the owner shall, for each offence,
be liable to a fine not exceeding one hundred pounds.
(4) When a ship to which this section applies has been marked
-
with a disc indicating the load-line, she shall be kept so marked
until notice is given of an alteration.
442.-(1.) If- Penalty ?or
l in
()
(a) any y owner or master of a British shipp fails without reason- e on to
able cause to cause his ship to be marked as by this Part of marking of
load-line.
this Act required, or to keep her so marked, or allows the ship
to be so loaded as to submerge in salt water the centre of the
disc indicating the load-line; or
(b) any person conceals, removes, alters, defaces, or obliterates,
or suffers any person under his control to conceal, remove,
alter, deface, or obliterate, any of the said marks, except in
the event of the particulars thereby denoted being lawfully
altered, or except for the purpose of escaping capture by an
enemy,
he shall for each offence be liable to a fine not exceeding one
hundred pounds.
(2.) If any mark required by this Part of this Act is in any
respect, inaccurate so as to be likely to mislead, the owner of the
ship shall for each offence be liable to a fine not exceeding one
hundred pounds.
443. - (1.) The Board of Trade shall appoint the Committee of Regulations as
to toad-line.
Lloyd's Register of British and Foreign Shipping, or, at the option
of the owner of the ship, any other corporation or association
for the survey or registry of shipping approved by the Board of
Trade, or any officer of the Board of Trade specially selected by the
Board for that purpose, to approve and certify on their behalf from
time to time the position of any disc indicating the load-line, and
any altea ation thereof, and may appoint fees to be taken in respect
of any such approval or certificate.
(2.) The Board of Trade may make regulations-
(a) determining the lines or marks to be used in connexion with
the disc, in order to indicate the maximum load-line under
different circumstances and at different seasons, and declaring
that this Part of this Act is to have effect as if any such line
were drawn through the centre of the disc ; and
(b) as to the mode in which the disc and the lines or marks to
be used in connexion therewith are to be marked or affixed
on the ship, whether by painting, cutting, or otherwise ; and
(c) as to the mode of application for, and form of, certificates
under this s: ction ; and
(d) requiring the entry of those certificates, and other particulars
as to the draught of water and freeboird of the ship, in the
official log-book of the ship, or other publication thereof on
board the ship, and requiring the delivery of copies of those
entries.
(3.) All such regulations shall, while in force, have effect as if
enacted in this Act, and if any person fails without reasonable
cause to comply with any such regulation made with respect to
185
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 Vicr.]
A.D. 1894. the entry, publication, or delivery of copies of certificates or other

particulars as to the draught of water and freeboard of a ship, he
shall for each offence be liable to a tine not exceeding one hundred
pounds.
(4.) Where in pursuance of the regulations any such certificate is
required to he delivered, a statement in writing as to the disc and
deck-lines of a ship need not be inserted in the form of entry or
transmitted or delivered to a chief officer of customs under the
provisions herein-before contained.
Provision as 444. Where the legislature of any British possession by any
to colonial
ships with
enactment provides for the fixing, marking, and certifying of load-
respect to lines on ships registered
b in that possession, and it appears to Her
load-lines. Majesty the Queen that that enactment is based on the same
principles as the provisions of this Part of this Act relating to
load-lines, and is equally effective for ascertaining and determining
the maximum load-lines to which those ships can be safely loaded
in salt water, and for giving notice of the load-line to persons
interested, Her Majesty in Council may declare that any load-line
fixed and marked and any certificate given in pursuance of that
enactment shall, with respect to ships so registered, have the same
effect as if it had been fixed, marked, or given in pursuance of this
Part of this Act.
Provision as to
foreign ships
445.-(1.) Where the Board of Trade certify that the laws and
with respect
regulations for the time being in force in any foreign country and
to load-lines. relatingg to overloading and improper loading are equally effective
with the provisions of this Act relating thereto, Her Majesty in
Council may direct that on proof of a ship of that country having
complied with those laws and regulations, she shall not, when -in
a port of the United Kingdom, be liable to detention for non-
compliance with the said provisions of this Act, nor shall there
arise any liability to any fine or penalty which would otherwise
arise for non-compliance with those provisions.
(2.) Provided that this section shall not apply in the case of
ships of any foreign country in which it appears to Her Majesty
that corresponding provisions are not extended to British ships.
Dangerous Good8.
Restrictions 446.-(1.) A person shall not send or attempt to send by any

on carriage vessel, British or foreign, and a person not being the master or
of dangerous
goods. owner of the vessel, shall not carry or attempt to carry in any
such vessel, any dangerous goods, without distinctly marking their
nature on the outside of the package containing the same, and
giving written notice of the nature, of those goods and of the name
and address of the sender or carrier thereof to the master or owner
of the vessel at or before the time of sending the same to be shipped
or taking the same on board the vessel.
(2.) If any person fails without reasonable cause to comply with
this section, he shall for each offence be liable to a fine not exceeding
one hundred pounds ; or if he shows that he was merely an agent
in the shipment of any such goods as aforesaid, and was not aware
and did not suspect and had no reason to suspect that the goods
186
[57 & 58 Vie'r] Merchant Shipping Act, 1894. [Cu. 60.]
shipped by him were of a dangerous nature, then not exceeding ten

pounds.
(3.) For the purpose of this Part of this Act the expression
dangerous goods " means aquafortis, vitriol, naphtha, benzine,
-
A.D. 18)-l.
gunpowder, Lucifer matches, nitro-glycerine, petroleum, any ex-

plosives within the meaning of the Explosives Act, 1.875, and any 38-& 39 Viet.
e. 17.
other goods which are of a dangerous nature.
447. A person shall not knowingly send or attempt to send by, Penalty for
or carry or attempt to carry in, any vessel, British or foreign, any of dangr
onion
dangerous goods under a false description, and shall not falsely goods.
describe the sender or carrier thereof, and if he acts in contravention
of this section he shall for each offence be liable to a fine not
exceeding five hundred pounds.
448.-(1.) The master or owner of any vessel, British cr foreign, Power to dent
with goods
may refuse to take on board any package or parcel which he suspected
suspects
p to contain an y dangerous
g g oods and may require it to be of being
opened to ascertain the fact. dangerous.
(2.) Where any dangerous goods, or any goods, which, in the
judgment of the master or owner of the vessel, are dangerous goods,
have been sent or brought aboard any vessel, British or foreign,
without being marked as aforesaid, or without such notice having
been given as aforesaid, the master or owner of the vessel may
cause those goods to be thrown overboard, together with any
package or receptacle in which they are contained ; and neither
the master nor the owner of the vessel shall be subject to any
liability, civil or criminal, in any court for so throwing the goods
overboard.
449.-(1.) Where any dangerous goods have been sent or Forfeiture of
goods ons
carried, or attempted to be sent or carried, on board any vessel, foods
British or foreign, without being marked as aforesaid, or without properly sent
such notice having been given as aforesaid, or under a false descrip- or carried.
tion, or with a false description of the sender or carrier thereof, any
court having Admiralty jurisdiction may declare those goods, and
any package or receptacle in which they are contained, to be, and
they shall thereupon be, forfeited, and when forfeited shall be
disposed of as the court direct.
(2.) '[he court shall have, and may exercise, the aforesaid powers
of forfeiture and disposal notwithstanding that the owner of the
goods has not committed any offence under the provisions of this
Act relating to dangerous goods, and is not before the court, and
has not notice of the proceedings,' and notwithstanding that there
is no evidence to show to whom the goods belong ; nevertheless the
court may, in their discretion, require such notice as they may
direct to be given to the owner or shipper of the goods before they
are forfeited.
450. The provisions of this Part of this Act relating to the Saving for
other enact-
carriage of dangerous goods shall be deemed to be in addition to tents relating
and not in substitution for, or in restraint of, any
Y other enactment to dangerous
for the like object, so nevertheless that nothing in the said pro- goods.
visions shall be deemed to authorise any person to be sued or
prosecuted twice in the same matter.
187
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 Viet.)
A.D. 1894. Loading of Timber.

,oading of 451.-(1.) If a ship, British or foreign, arrives between the
imher. last day of October and the sixteenth day of April in any year at
any port in the United Kingdom from any port out of the United
Kingdom, carrying as deck 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, any wood
goods as herein-after defined, the waster of that ship, and also the
owner, if he is privy to th3 offence, shall be liable to a tine not
exceeding five pounds for every hundred cubit; feet of wood good%
carried in contravention of this section.
(2.) Provided that a master or owner shall not be liable to any
fine under this section-
(a) in respect of any wood goods which the master has con-
sidered it necessary to place or keep on deck during the voyage
on account of the springing of any leak, or of any other damage
to the ship received or apprehended ; or
(b) if he proves that the ship sailed from the port at which the
wood goods were loaded as deck cargo at such time before the
last day of October as allowed a sufficient interval a'°cording
to the ordinary duration of the voyage for the ship to arrive
before that day at the said port in the United Kingdom, but
was pievented from so arriving by stress of weather or
circumstances beyond his control ; or
(c) if he proves that the ship sailed from the port at which the
wood goods were loaded as deck cargo at such time before the
sixteenth day of April as allowed a reasonable interval accord-
ing to the ordinary duration of the voyage for the ship to
arrive after that day at the said port in the United Kingdom,
and by reason of an exceptionally favourable voyage arrived
before that day.
(3.) For the purposes of this section, the expression "wood goods
means-
(a) any square, round, waney, or other timber, or any pitch
pine, mahogany, oak, teak, or other heavy wood goods
whatever ; or
(b) any more than five spare spars or store spars, whether or
not made, dressed, and finally pi epared for use ; or
(c) any deals, battens, or other light wood goods of any
description to a height exceeding three feet above the deck
(4.) Nothing in this section shall affect any ship not bound to
a port in the United Kingdom which comes into any port of the
United Kingdom under stress of weather, or for repairs, or for any
other purpose than the delivery of her cargo.
Carriage of Grain.
Obligation to 452.----(1.) Where a grain cargo is laden on board any British
take pre- ship all necessary and reasonable precautions (whether mentioned in
cautions to
prevent grain this Part of this Act or not) shall be taken in order to prevent the
cargo from grain cargo from shifting.
shifting.
188
[57 & 58 VICT.] Merchant Shipping Act, 1894. [Cx. 60.]
(2.) If those precautions have not been taken in the case of any A.D. 1S9-I.
British ship, the master of the ship and any agent of the owner who
was charged with the loading of the ship or the sending of her to
sea, shell each be liable to a fine not exceeding three hundred
pounds, and the owner of the ship shall also be liable to the same
fine, unless he shows that he took all reasonable means to enforce
the observance of this section, and was not privy to the breach
thereof.
453.-(1.) Where a British ship laden with a grain cargo at any Precautions
port in the Mediterianean or Black Sea is bound to ports outside against shiftini
the Straits of Gibraltar, or where a British ship is laden with a ladenain port ii
grain cargo on the coast of North America, the precautions to Mediterranean
prevent the grain cargo from shifting, set out in the Eighteenth or of
Black Sea
coast
Schedule to this Act, shall be adopted, unless the shipp is loaded in of North
accordance with regulations for the time being approved by the America.
Board of Trade, or is constructed and loaded in accordance with any
plan approved by the Board of Trade.
(2.) If this section is not complied with in the case of any ship,
reasonable precautions to prevent the grain cargo of that ship
from shifting shall be deemed not to have been taken, and the
owner and master of the ship and any agent charged with loading
her or sending her to sea shall be liable accordingly to a fine under
this Part of this Act.
(3.) Nothing in this section shall exempt a person from : ny
liability, civil or criminal, to which he would otherwise be subject
for failing to adopt any reasonable precautions which, although not
mentioned in this section, are reasonably required to prevent grain
cargo from shifting.
454.-(1.) Befoi e a British ship laden with grain cargo at any Notice by
port in the Mediterranean or Black Sea and bound to ports outside master of kmc
gra quantity
the Straits of Gibraltar, or laden with grain cargo on the coast of grain cargo.
''
North America, leaves her final port of loading, or within forty-

eight hours after leaving that port, the master shall deliver or cause
to be delivered to the British consular officer, or, if the port is in a
British possession, to the chief officer of customs, at that port, a
notice stating-
(a) the draught of water and clear side, as defined by this Part
of this Act, of the said ship after the loading of her cargo has
been completed at the said final port of loading ; and
(b) the following particulars in respect to the grain cargo ;
namely,-
(i) the kind of grain and the quantity thereof, which
quantity may be stated in cubic feet, or in quarters, or
bushels, or in tons weight ; and
(ii) the mode in which the grain cargo is stowed ; and
(iii) the precautions taken against shifting.
(2.) The master shall also deliver a similar notice to the proper
officer of customs in the United Kingdom, together with the report
required to be made by the Customs Consolidation Act, 1876, on 39 & 40 Viet,
the arrival of the ship in the United Kingdom. c. 36.
(3) Every such notice shall be sent to the Board of Trade, as

soon as practicable, by the officer receiving the same.
189
A.D. 1894. (4.) If the master fails to deliver any notice required by this
section, or if in any such notice he wilfully makes a false state-
ment or wilfully omits a material particular, he shall for each
offence be liable to a fine not exceeding one hundred pounds.
(5.) The Board of Trade may, by notice published in the London
Gazette, or in such other way as the Board think expedient, exeu) pt
ships laden at any particular port or any class of those ships from
this section.
Power of Board 455. For securing the observance of the provisions of this Part
of Trade for of this Act with respect to grain cargo, any officer having authority
enforcing
provisions as in that behalf from the Board of Trade, either general or special,,
to carriage of shall have power to inspect any grain cargo, and the mode in
grain.
which the same is stowed, and for that purpose shall have all the
powers of a Board of Trade inspector under this Act.
Definition of 456. For the purpose of the provisions of this Part of this Act
grain, &c. with respect to grain cargo-
The expression "grain" means any corn, rice, paddy, pulse,
seeds, nuts, or nut kernels.
The expression " ship laden with a grain cargo " means a ship
carrying a cargo of which the portion consisting of grain is
more than one third of the registered tonnage of the ship, and
that third shall be computed, where the grain is reckoned
in measures of capacity, at the rate of one hundred cubic
feet for each ton of registered tonnage, and where the grain
is reckoned in measures of weight, at the rate of two tons
weight for each ton of registered tonnage.
Unseaworthy Ships.
Sending un-
seaworthy
457.-(1.) If any person sends or attempts to send, or is party
ship to sea a to sending or attempting to send,.a British ship to sea in such an
misdemeanor. unseaworthy state that the life of any person is likely to be thereby
endangered, he shall in respect of each offence be guilty. of a
misdemeanor, unless he proves either that he used all reasonable
means to insure her being sent to sea in a seaworthy state, or that
her going to sea in such an unseaworthy state was, under the
circumstances, reasonable and justifiable, and for the purpose of
giving that proof he may give evidence in the same manner as any
other witness.
(2.) If the master of a British ship knowingly takes the same to
sea in such an unseaworthy state that the life of any person is
likely to be thereby endangered, he shall in respect of each offence
be guilty of a misdemeanor, unless he proves that her going to
sea in such an unseaworthy state was, under the circumstances,
reasonable and justifiable, and for the purpose of giving such proof
he may give evidence in the same manner as any other witness.
(3.) A prosecution under this section shall not, except in
Scotland, be instituted otherwise than by, or with the consent of,
the Board of Trade, or of the governor of the British possession in
which the prosecution takes place.
(4.) A misdemeanor under this section shall not be punishable
upon summary conviction.
190
(5.) This section shall not apply to any ship employed exclusively A.B. 1894.
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.
458.-(1.) In every contract of service, express or implied, Obligation of
between the owner of a ship and the master or any seaman thereof, shipowner
and in every instrument of apprenticeship whereby any person is respect to use
bound to serve as an apprentice on board any ship, there shall of reasonable
be implied, notwithstanding any agreement to the contrary, an efforts to
secure ea-
obligation on the owner of the ship, that the owner of the ship, and worthiness.
the master, and every agent charged with the loading of the ship,
or the preparing of the ship for sea, or the sending of the ship to
sea, shall use all reasonable means to insure the seaworthiness of
the ship for the voyage at the time when the voyage commences,
and to keep her in a seaworthy condition for the voyage during
the voyage.
(2.) Nothing in this section-
(a) shall subject the owner of a ship to any liability by reason of
the ship being sent to sea in an unseaworthy state where,
owing to special circumstances, the sending of the ship to sea
in such a state was reasonable and justifiable or ;
(b) shall apply to any ship 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.
459.-(1.) Where a British ship, being in any port in the power to
United Kingdom, is an unsafe ship, that is to say, is by reason of detain unsafe
the defective condition of her hull, equipments, or machinery, or ships, and
procedure for
by reason of overloading or improper loading, unfit to proceed to detention.
sea without serious danger to human life, having regard to the
nature of the service for which she is intended, such ship may be
provisionally detained for the purpose of being surveyed, and either
finally detained or released as follows:-
(a.) The Board of Trade, if they have reason to believe, on com-
plaint or otherwise, that a British ship is unsafe, may order
the ship to be provisionally detained as an unsafe ship for the
purpose of being surveyed.
(b) When a ship has been provisionally detained there shall be
forthwith served on the master of the ship a written statement
of the grounds of her detention, and the Board of Trade may,
if they think fit, appoint some competent person or persons to
survey the ship and report thereon to the Board.
(c.) The Board of Trade on receiving the report may either order
the ship to be released or, if in their opinion the ship is unsafe,
may order her to be finally detained, either absolutely, or until
the performance of such conditions with respect to the
execution of repairs or alterations, or the unloading or re
loading of cargo, as the Board think necessary for the
protection of human life, and the Board may vary or add to
any such order.
(cl) Before the order for final detention is made a copy of the
report shall be served upon the master of the ship, and within
seven days after that service the owner or master of the ship
191
A.D. 1899. may appeal to the court of survey for the port or district
-- where the ship is detained in manner directed by the rules of
that court.
(e.) Where a ship has been provisionally detained, the owner or
master of the ship, at any time before the person appointed
under this section to survey the ship makes that survey, may
require that he shall be accompanied by such person as the
owner or master may select out of the list of assessors for the
court of survey, and in that case if the surveyor and assessor
agree, the Board of Trade shall cause the ship to be detained
or released accordingly, but if they differ, the Board of Trade
may act as if the requisition had not been made, and the
owner and master shall have the like appeal touching the
report of the surveyor as is before provided by this section.
(f.) Where a ship has been provisionally detained, the Board of
't'rade may at any time, if they think it expedient, refer the
matter to the court of survey for the port or district where
the ship is detained.
(q.) The Board of Trade may at any time, if satisfied that a ship
detained under this section is not unsafe, order her to be
released either upon or without any conditions.
(2.) Any person appointed by the Board of Trade for the
purpose (in this Act referred to as a detaining officer) shall have
the same power as the Board have under this section of ordering
the provisional detention of a ship for the purpose of being sur-
veyed, and of appointing a person or persons to survey her; and if
he thinks that a ship so detained by him is not unsafe may order
her to be released.
(3.) A detaining officer shall forthwith report to the Board of
Trade any order made by him for the detention or release of a
ship.
(4.) An order for the detention of a ship, provisional or final, and
an order varying the same, sh;dl be served as soon as may be on
the master of the ship.
(5.) A ship detained under this section shall not be released by
reason of her British register being subsequently closed.
(6.) The Board of Trade may with the consent of the Treasury
app,,int fit persons to act as detaining officers under this section,
and may remove any such officer ; and a detaining officer shall he
paid such salary or remuneration (if any) out of money provided
by Parliament as the Treasury direct, and shall for the purpose of
his duties have all the powers of a Board of Trade inspector under
this Act.
(7.) A detaining officer and a person authorised to survey a ship
under this section shall for that purpose have the same power as a
person appointed by a court of survey to survey a shin, and the
provisions of this Act with respect to the person so appointed shall
apply accordingly.
Liability for
costs an(l
460.-(1.) If it appears that there was not reasonable and
damages.. probable cause, by reason of the condition of the ship or the act or
default of the owner, for the provisional detention of a ship under
this Part of this Act as an unsafe ship, the Board of Trade shall be
192
liable to pay to the owner of the ship his costs of and incidental A.D. 1894:
to the detention and survey of the ship, and also compensation for
any loss or damage sustained by him by reason of the detention
or survey.
(2.) If a ship is finally detained under this Act, or if it appears
that a ship provisionally detained was, at the time of that detention,
an unsafe ship within the meaning of this Part of this Act, the
owner of the ship shall be liable to pay to the Board of Trade their
costs of and incidental to the detention and survey of the ship,
and those costs shall, without prejudice to any other remedy, be
recoverable as salvage is recoverable.
(3.) For the purpose of this section the costs of and incidental
to any proceeding before a court of survey, and a reasonable amount
in respect of the remuneration of the surveyor or officer of the
Board of Trade, shall be part of the costs of the detention and
survey of the ship, and any dispute as to the amount of those costs
may be referred to one of the officers following, namely, in England
or Ireland to one of the masters or registrars of the High Court,
and in Scotland to the Auditor of the Court of Session, and the
officer shall, on request by the Board of Trade, ascertain and certify
the proper amount of those costs.
(4.) An action for any costs or compensation payable by the
Board of Trade under this section may be brought against the
Secretary of that Board by his official title as if he were a corporation
sole, and if the cause of action arises in Ireland, and the action is
brought in the High Court, that Court may order that the summons
or writ may be served on the Crown and Treasury Solicitor for
Ireland in such manner and on such terms respecting extension of
time and otherwise as the Court thinks fit, and that that service
shall be sufficient service of the summons or writ upon the Secretary
of the Board of Trade.
461.-(1.) Where a complaint is made to the Board of Trade or Power tofrom
a detaining officer that a British ship is unsafe, the Board or officer require
complainant
may, if they or he think fit, require the complainant to give security for
security to the satisfaction of the Board for the costs and com- costs.
pensation which he may become liable to pay as herein-after
mentioned.
(2.) Provided that such security shall not be required where
the complaint is made by one fourth, being not less than three, of
the seamen belonging to the ship, and is not in the opinion of
the Board or officer frivolous or vexatious, and the Board or
officer shall, if the complaint is made in sufficient time before the
sailing of the ship, take proper steps for ascertaining whether the
ship ought to be detained.
(3) Where a ship is detained in consequence of any complaint,
and the circumstances are such that the Board of Trade are liable
under this Act to pay to the owner of the ship any cots or com-
pensation, the complainant shall be liable to pay to the Board of
Trade all such costs and compensation as the Board incur or are
liable to pay in respect of the detention and survey of the ship.
A 1'
462. Where a foreign ship has taken on board all or any part of pegn shipso
her cargo at a port in the United Kingdom, and is whilst at that of provisions
f
as to detention
N 193
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 ViCT.)
A.D. 1894. port unsafe by reason of overloading or improper loading, the

provisions of this Part of this Act with respect to the detention
of ships shall apply to that foreign ship as if she were a British
ship, with the following modifications :-
(i.) A copy of the order for the provisional detention of the ship
shall be forthwith served on the consular officer for the country
to which the ship belongs at or nearest to the said port ;
(ii.) Where a ship has been provisionally detained, the consular

officer, on the request of the owner or master of the ship, may
require that the person appointed by the Board of Trade to
survey the ship shall be accompanied by such person as the
consular officer may select, and in that case, if the surveyor
and that person agree, the Board of Trade shall cause the ship
to be detained or released accordingly, but if they differ, the
Board of Trade may act as if the requisition had not been
made, and the owner and master shall have the like appeal to
a court of survey touching the report of the surveyor as is
herein-before provided in the case of a British ship ; and
(iii.) Where the owner or master of the ship appeals to the court
of survey, the consular officer, on his request, may appoint a
competent person to be assessor in the case in lieu of the
assessor who, if the ship were a British ship, would be
appointed otherwise than by the Board of Trade.
Survey of ships
alleged by
463.-(1.) Whenever in any proceeding against any seaman or
seamen to be
apprentice belonging to any ship for the offence of desertion, or
unseaworthy. absence without leave or for otherwise being absent from his
ship without leave, it is alleged by one fourth, or if their number
exceeds twenty by not less than five, of the seamen belonging to the
ship, that the ship is by reason of unseaworthiness, overloading, im-
proper loading, defective equipment, or for any other reason, not in
a fit condition to proceed to sea, or that the accommodation in
the ship is insufficient, the court having cognizance of the case
shall take such means as may be in their power to satisfy them-
selves concerning the truth or untruth of the allegation, and shall
for that purpose receive the evidence of the persons making the
same, and may summon any other witnesses whose evidence they
may think it desirable to hear, and shall, if satisfied that the
allegation is groundless, adjudicate in the case, but if not so satisfied
shall before adjudication cause the ship to be surveyed.
(2.) A seaman or apprentice charged with desertion, or with
quitting his ship without leave, shall not have any right to apply
for a survey under this section unless he has before quitting his
ship complained to the master of the circumstances so alleged in
justification.
(3.) For the purposes of this section the court shall require any
surveyor of ships appointed under this Act, or any person appointed
for the purpose by the Board of Trade, or, if such a surveyor or
person cannot be obtained without unreasonable expense or delay,
or is not, in the opinion of the court, competent to deal with the
special circumstances of the case, then any other impartial sur-
veyor appointed by the court, and having no interest in the ship
194
her freight, or cargo, to survey the ship, and to answer any question A.D. 1894,
concerning her which the court think fit to put. ---
(4.) Such surveyor or other person shall survey the ship, and
make his written report to the court, including an answer to every
question put to him by the court, and the court shall cause the
report to be communicated to the parties, and, unless the opinions
expressed in the report are proved to the satisfaction of the court
to be erroneous, shall determine the questions before them in
accordance with those opinions.
(5.) Any person making a survey under this section shall for
the purposes thereof have all the powers of a Board of Trade
(6.) The costs (if any) of the survey shall be determined by the
Board of Trade according to a scale of fees to be fixed by them,
and shall be paid in the first instance out of the Mercantile Marine
Fund.
(7.) If it is proved that the ship is in a fit condition to proceed to
sea, or that the accommodation is sufficient, as the case may be, the
costs of the survey shall be paid by the person upon whose demand
or -in consequence of whose allegation the survey was made, and
may be deducted by the master or owner out of the wages due or
to become due to that person, and shall be paid over to the Board
of Trade.
(8.) If it is proved that the ship is not in a fit condition to
proceed to sea, or that the accommodation is insufficient, as the case
may be, the master or owner of the ship shall pay the costs of
the survey to the Board of Trade, and shall be liable to pay to
the seaman or apprentice, who has been detained in consequence
of the said proceeding before the court under this section, such
compensation for his detention as the court may award.
PART VI.
SPECIAL SHIPPING INQUIRIES AND COURTS.
Inquiries and Investigations as to Shipping Casualties.

464. For the purpose of inquiries and investigations under this Shipping
Part of this Act a shipping casualty shall be deemed to occur- casualties.
(1.) When on or near the coasts of the United Kingdom any
ship is lost, abandoned, or materially damaged ;
(2.) When on or near the coasts of the United Kingdom any
ship has been stranded or damaged, and any witness is found
in the United Kingdom ;
(3.) When on or near the coasts of the United Kingdom any ship
causes loss or material damage to any other ship ;
(4.) When any loss of life ensues by reason of any casualty
happening to or on board any ship on or near the coasts of
the United Kingdom ;
(5.) When in any place any such loss, abandonment, material
damage, or casualty as above mentioned occurs, and any
witness is found in the United Kingdom ;
N 2 195
[CH. 60.] Me?-chant Shipping Act, 1894. [51 & 58 VICT.]
A.D. 1894. (6.) When in any place any British ship is stranded or damaged,
and any witness is found in the United Kingdom ;
(7.) When any British ship is h.st or is supp)sed to have been
lost, and any evidence is obtainable in the United Kingdom
as to the circumstances under which she proceeded to sea or
Was last heard of.
Preliminary 465.-(1.) Where a shipping casualty has occurred a preliminary
'PuPgnto inquiry may be held respecting the casualty by the following
euenalties. persons ; nainely,-
(a.) Where the shipping casualty occurs on or near the coasts of
the United Kingdom, by the inspecting officer of the coast-
guard or chief officer of customs residing at or near the plat.
at which the casualty occurs ; or
(b.) Where the shipping casualty occurs elsewhere, by the
inspecting officer of the coastguard or chief officer of customs
residing at or near any place at which the witnesses with
respect to the casualty arrive or are found or can be conve-
niently examired ; or
(c.) In any case by any por. on appointed for the purpose by
the Board of Trade.
(2.) Fur the purpose of any s.ch -inquiry the person holding the
same shall have the powers of a Board of Trade inspector under
this Act.
Formal 466.-(1.) A person authorised as aforesaid to make a prelimi-
investigation nary inquiry shall in any case where it appears to him requisite or
of shipping
expedient (whether upon a preliminary inquiry or without holdingg
such an inquiry) that a formal investigation should be held, and in
any case where the Board of Trade so directs, apply to a court of
summary jurisdiction to hold a formal investigation, and that
court shall thereupon hold the formal investigation.
(2) A wreck commissioner appointed under this Act shall at the
request of the Board of Trade hold any formal investigation into
a shipping casualty under this section, and any reference to the
court holding an investigation under this section includes a wreck
commissioner holding such an investigation.
(3.) The court holding any such formal investigation shall hold
the same with the assistance of one or more assessors of nautical,
engineering, or other special skill or knowledge, to be appointed
out of a list of persons for the time being approved for the purpose
by a Secretary of State in such manner and according to such
regulations as may be prescribed by rules made under this Part of
this Act with regard thereto.
(4.) Where a formal investigation involves or appears likely to
involve any question as to the cancelling or suspension of the
certificate of a master, mate, or engineer, the court shall hold the
investigation with the assistance of not less than two assessors
having experience in the merchant service.
(5.) It shall be the duty of the person who has applied to a
court to hold, a formal investigation to superintend the manage-
ment of the case, and to render such assistance to the court' as is in
his power.
196
L57 & 58 Vim'.] Merchant Shipping Act, 1894. [CH. 60.]
(6.) The court after hearing the case shall make a report
Board of Trade containing a fall statement of the case and
opinion of the court thereon, accompanied by such report
of the
of, or
--
to the A.D. 1894.
extracts from, the evidence, and such observations as the court

think fit.
(7.) Each assess r shall eit'ier sign the report or state in writing
to the Board of Trade his dissent therefrom and- the reasons for
that d scent.
(8) Tae court may make such order as the court think fit
respecting the costs of the investigation, or any part thereof, and
such order shall be enforced by the court as an order for costs
under th Summary Jurisdiction Acts.
(9.) The Board of Trade may, if in any case they think fit so to
do, pay the costs of any such formal investigation.
(10.) 6'or the purposes of this section the court holding a formal
investigation shall have all the powers of a court of summary
jurisdiction when acting as a court in exercise of their ordinary
jurisdiction.
(11.) Every formal investigation into a shipping casualty shall
be conducted in such manner that if a charge is made against
any person, that person shall have an opportunity of making a
defence.
(12.) Formal investigations into shipping casualties under this
section shall be held in some town hall, assize or county court, or
public building, or in some other suitable place to be determined
according to rules made under this Part of this Act with regard
thereto, and, unless no other suitable place is in the opinion of the
Board of Trade available, shall not be held in a court ordinarily
used as a police court, and all enactments relating to the court
shall for the purposes of the investigation have effect as if the place
at which the court is held were a place appointed for the exercise
of the ordinary jurisdiction of the court.
(13.) Where an investigation is to be held in Scotland, the Board
of Trade may remit the same to the Lord Advocate to be prose-
cuted in such manner as he may direct.
467.-(1.) The list of persons approved as assessors for the List of
purpose of formal investigations into shipping casualties shall be assessors..,
in force for three years only, but persons whose names are on any
such list may be approved for any subsequent list.
(2.) The Secretary of State may at any time add or withdraw
the name of any person to or from the list.
(3.) The list of assessors in force at the passing of this Act shall,
subject as aforesaid, continue in force till the end of the year one
thousand eight hundred and ninety-five.
468. When any loss of life arises by reason of any casualty Inquiry in case
happening to or on board any oat belonging
1_
n to a fishing vessel, o
to fishf
fm
life
the Board of Trade may, if they think fit, cause an inquiry to be vessel's boat,
made or a formal investigation to be held as in the case of a
shipping casualty, and the provisions of this Act relating thereto
shall apply accordingly.
197
A.D. 1894. Power as to Certificates of Officers, &c.

Power of Board 469. The Board of Trade may suspend or cancel the certificate
Trade as to
certificate. of any master, mate, or engineer if it is shown that he has been
convicted of any offence.
Power of court 470.-(1.) The certificate of it master, mate, or engineer may be
of investigation cancelled or suspended-
or inquiry as
to certificates(a)
.
by a court holding a formal investigation into a shipping
casualty under this Part of this Act, or by a naval court con-
stituted under this Act, if the court find that the loss or
abandonment of, or serious damage to, any ship, or loss of life,
has been caused by his wrongful act or default, provided that,
if the court holding a formal investigation is a court of
summary jurisdiction, that court shall not cancel or suspend it
certificate unless one at least of the assessors concurs in the
finding of the court :
(b) by a court holding an inquiry under this Part of this Act
into the conduct of a master, mate, or engineer, if they find
that he is incompetent, or has been guilty of any gross act
of misconduct, drunkenness, or tyranny, or that in a .case of
collision he has failed to render such assistance or give such
information as is required under the Fifth Part of this Act:
(c) by Any naval 'or other court where under the powers given
by this Part of this Act the holder of the certificate is super-
seded or removed by that court.
(2.) Where any case before any such court as aforesaid involves
a question as to the cancelling or suspending of a certificate, that
court shall, at the conclusion of the case or as soon afterwards as
possible, state in open court the decision to which they have come
with respect to the cancelling or suspending thereof.
(3.) The court shall in all cases send a full report on the case
with the evidence to the Board of Trade, and shall also, if they
determine to cancel or suspend any certificate, send the certificate
cancelled or suspended to the Board of Trade with their report.
(4.) A certificate shall not be cancelled or suspended by a court
under this section, unless a copy of the report, or a statement of
the case on which the investigation or inquiry has been ordered,
has been furnished before the commencement of the investigation
or inquiry to the holder of the certificate.
Inquiry into 471.-(1.) If the Board of Trade, either on the report of a local
conduct of
certificated marine board or otherwise, have reason to believe that any master,
officer. mate, or certificated engineer is from incompetency or misconduct
unfit to discharge his duties, or that in a case of collision he has
failed to rendersuch assistance or give such information as is required
under the Fifth Part of this Act, the Board may cause an inquiry
to he held.
(2.) The Board may either themselves appoint a person to hold
the inquiry or direct the local marine board at or nearest the place
at which it is convenient for the parties or witnesses to attend to
hold the same, or where there is no local marine board before
'
which the parties and witnesses can conveniently attend, or the

198
inquiry to be held before a court of summary jurisdiction.

(3.) Where the inquiry is held by a local marine board, or by a
person appointed by the Board of Trade, that board or person-
-
local marine board is unwilling to hold the inquiry, may direct the A.D. 1894.
(a) shall hold the inquiry, with the assistance of a local stipen-
diary magistrate, or, if there is no such magistrate available,
of a competent legal assistant appointed by the Board of
Trade; and
(b) shall have all the powers of a Board of Trade inspector
under this Act ; and
(c) shall give any master, mate, or engineer against whom a
charge is made an opportunity of making his defence either
in person or otherwise, and may summon him to appear;
and
(d) may make such order with regard to the costs of the inquiry
as they think just ; and
(e) shall send a report upon the case to the Board of Trade.
(4.) 'Where the inquiry is held by a court of summary jurisdic-
tion, the inquiry shall be conducted and the results reported in the
same manner, and the court shall have the like powers, as in the
case of a formal investigation into a shipping casualty under this
Part of this Act, provided that, if the Board of Trade so direct, it
shall be the duty of the person who has brought the charge against
the master, mate, or engineer, to the notice of the Board of Trade
to conduct the case, and that person shall in that case, for the
purpose of this Act, be deemed to be the party having the conduct
of the case.
,472.-(1.) Any of the following courts ; namely,- Removal of
In England and Ireland the High Court,
In Scotland the Court of Session,
Admire t
Admiralty
Court.
Elsewhere in Her Majesty's dominions any colonial court of
Admiralty or Vice-Admiralty Court,
may remove the master of any ship within the jurisdiction of that
court, if that removal is shown to the satisfaction of the court by
evidence on oath to be necessary.
(2.) The removal may be made upon the application of any
owner of the ship or his agent, or of the consignee of the ship, or
of any certificated mate, or of one third or more of the crew of
the ship.
(3.) The court may appoint a new master instead of the one
removed ; but, where the owner, agent, or consignee of the ship is
within the jurisdiction of the court, such an appointment shall not
be made without the consent of that owner, agent, or consignee.
(4.) The court may also make such order and require such
security in respect of the costs of the matter as the court thinks
fit,
473.-(1.) A master, mate, or engineer whose certificate is Delivery of
cancelled or suspended by any court or by the Board of Trade certificate
suspeennds
shall deliver his certificate- susp .
(a) if cancelled or suspended by a court to that court on
demand :
199
[OH. 60.] Merchant Shipping Act, 1894. [57 & 58 VicT.]
A.D. 1894. (b) if not so demanded, or ifit is cancelled or suspended by the

Board of Trade, to that Board, or as that Board direct.
(2.) If it master, mate, or engineer fail to comply with this
section, he shall, for each offence, be liable to a fine not exceeding
fifty pounds.
Power of Board 474. The Board of Trade nosy, if they think that the justice of
of Trade the case requires it, re-issue and return the certificate of a master,
to restore
certificate.
mate, or engineer which has been cancelled or susPended, whether
in the United Kingdom or in it British possession, or shorten the
time for which it is suspended, or grant in place thereof a certificate
of the same or any lower giade.
Re-hearing of Investigations and Inquiries.

Re-hearing of 475.-(1.) The Board of Trade may, in any case where under
inquiries and
investigations.
this Part of this Act a formal investigation as aforesaid into a
shipping casualty, or an inquiry into the conduct of a master,
mate, or engineer has been held, order the case to be re-heard
either generally or as to any part thereof, and shall do so-
(a) if new and important evidence which could not be produced
at the investigation or inquiry has been discovered ; or
(b) if for any other reason there has in their opinion been ground
for suspecting that a miscarriage of justice has occurred.
(2.) The Board of Trade, may order the case to be re-heard, either
by the court or authority by whom the case was heard in the first
instance, or by the wreck commissioner, or in England or Ireland
by the High Court, or in Scotland by the Senior Lord Ordinary,
or any other judge in the Court of Session whom the Lord President
of that court may appoint for the purpose, and the case shall be so
re-heard accordingly.
(3.) Where on any such investigation or inquiry, a decision has
been given with respect to the cancelling or suspension of the
certificate of a master, mate, or engineer, and an application for
a re-hearing under this section has not been made or has been
refused, an appeal shall lie from the decision to the following
courts ; namely,-
(a.) If the decision is given in England or by a naval court, to
the High Court:
(b.) If the decision is given in Scotland, to either division of the
Court of Session :
(c.) If the decision is given in Ireland, to the High Court in
Ireland.
(4.) Any re-hearing or appeal under this section shall be subject
to and conducted in accordance with such conditions and regula-
tions as may be prescribed by rules made in relation thereto under
the powers contained in this P<nrt of this Act.
Supplemental Provisions as to Investigations and Inquiries.
Investigations
before
476.-(1.) Where a stipendiary magistrate is in any place a
stipendiary member of the local marine board, a formal investigation at that
magistrate. place into a shipping casualty shall, whenever he happens to be
present, be held before that stipendiary magistrate.
200
(2.) There shall be paid out of the Mercantile Marine Fund to A.D. 1894.
the stipendiary magistrate, if he is not remunerated out of money
provided by Parliament under this Act, such remuneration by way
of an annual increase of salary, or otherwise, as a Secretary of
State, with the consent of the Board of Trade, may direct.
477. The Lord Chancellor may appoint some fit person or Power to
persons to be a wreck commissioner or wreck commissioners for appoint wreck
the United Kingdom, so that there shall not be wore than three commissioners.
of those commissioners at any one time, and may remove any
such wreck commissioner ; and in case it becomes necessary to
appoint a wreck commissioner in Ireland the Lord Chancellor of
Ireland shall have the power to appoint and remove that wreck
commissioner.
478.-(1.) The legislature of any British possession may autho- Authority for
rise any court or tribunal to make inquiries as to shipwrecks, or colonial court
other casualties affecting ships, or as to charges of incompetency, to ke into
or misconduct on the part of masters, mates, or engineers of ships, shipping
in the following cases; namely,- casualties and
of
(a.) Where a shipwreck or casualty occurs to a British ship on otfiers.
or near the coasts of the British possession or to a British
ship in the course of a voyage to a port within the British
possession :
(b.) Where a shipwreck or casualty occurs in any part of the
world to a British ship registered in the British possession :
(c.) Where some of the crew of a British ship which has been
wrecked or to which a casualty has occurred, and whe are
competent witnesses to the facts, are found in the British
possession :
(d.) Where the incompetency or misconduct has occurred on

board a British ship on or near the coasts of the British
possession, or on board a British ship in the course of a voyage
to a port within the British possession :
(e.) Where the incompetency or misconduct has occurred on
board a British ship registered in the British possession :
( f.) When the master, mate, or engineer of a British ship who
is charged with incompetency or misconduct on board that
British ship is found in the British possession.
(2.) A court or tribunal so authorised shall have the same
jurisdiction over the matter in question as if it had occurred
within their ordinary jurisdiction, but subject to all provisions,
restrictions, and conditions which would have been applicable if it
had so occurred.
(8) An inquiry shall not be held under this section into any
matter which has once been the subject of an investigation or
inquiry and has been reported on by a competent court or tribunal
in any part of Her Majesty's dominions, or in respect of which the
certificate of a master, mate, or engineer has been cancelled or
suspended by a naval court.
(4.) Where an investigation or inquiry has been commenced in
the United Kingdom with reference to any matter, an inquiry with
reference to the same matter shall not be held, under this section,
in a British possession.
201
[Cu. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT]
A.D. 1894. (5.) The court or tribunal holding an inquiry under this
section shall have the same powers of cancelling and suspending
certificates, and shall exercise those powers in the same manner
as a court holding a similar investigation or inquiry in the United
Kingdom.
(6.) The Board of Trade may order the re-hearing of any inquiry
under this section in like manner as they may order the re-hearing
of a similar investigation or inquiry in the United Kingdom, but
if an application for re-hearing either is not made or is refused, an
appeal shill lie from any order or finding of the court or tribunal
holding the inquiry to the High Court in England : Provided that
an appeal shall not lie-
(a) from any order or finding on an inquiry into it casualty
affecting a ship registered in a British possession, or
(b) from a decision affecting the certificate of a master, mate, or
engineer, if that certificate has not been granted either in
the United Kingdom or in a British possession, under the
authority of this Act.
(7.) The appeal shall be conducted in accordance with such
conditions and regulations as may from time to time be prescribed
by rules made in relation thereto under the powers contained in
Rules as to 479.-(1.) The Lord Chancellor may (with the consent of the
investigations Treasury so far as relates to fees) make general rules for carrying
and inquiries.
into effect the enactments relating to formal investigations, and to
the re-hearing of, or an appeal from, any investigation or inquiry held
under this Part of this Act, and in particular with respect to the
appointment and summoning of assessors, the procedure, the parties,
the persons allowed to appear, the notice to those parties or persons
or to persons affected, the amount and application of fees, and the
place in which formal investigations are to be held.
(2.) Any rule made under this section while in force shali have
effect as if it were enacted in this Act.
(3.) Any rule made under this section with regard to the
re-hearing of, or appeals from, any investigation or inquiries, as to
the appointment of assessors, and as to the place in which formal
investigations are to be held, shall be laid before both Houses of
Parliament as soon as may be after it is made.
Naval Courts on the High Seas and Abroad.
Cases in which 480. A court (in this Act called a naval court) may be suin-
naval courts
may be
moned by any officer in command of any of Her Majesty's ships on
summoned. any foreign station, or, in the absence of such an officer, by any
consular officer, in the following cases ; (that is to say,)
(i.) Whenever a complaint which appears to that officer to
require immediate investigation is made to him by the master
of any British ship, or by a certificated mate, or by any one or
more of the seamen belonging to any such ship ;
(ii.) Whenever the interest of the owner of any British ship or
of the cargo thereof appears to that officer to require it ; and
(iii.) Whenever any British ship is wrecked, abandoned, or
otherwise lost at or near the place where that officer may be,
202
or whenever the crew or part of the crew of any British ship A.D. 1894.
which has been wrecked, abandoned, or lost abroad arrive at
that place.
-
481.-(1.) A naval court shall consist of not more than five Constitution of
and not less than three members, of whom, if possible, one shall be naval courts.
an officer in the naval service of Her Majesty not below the rank
of lieutenant, one a consular officer, and one a master of a British
merchant ship, and the rest shall be either officers in the naval
service of Her Majesty, masters of British merchant ships, or
British merchants, and the court may include the officer summoning
the same, but shall not include the master or consignee of the
ship to which the parties complaining or complained against belong.
(2.) The naval or consular officer in the court, if there is only
one such officer, or, if there is more than one, the naval or consular
officer who, according to any regulations for settling their respective
ranks for the time being in force, is of the highest rank, shall be
the president of the court.
482.-(1.) A naval court shall hear the complaint or other Functions of
matter brought before them under this Act, or investigate the naval courts.
cause of the wreck, abandonment, or loss, and shall do so in such
manner as to give every person against whom any complaint or
charge is made an opportunity of making a defence.
(2.) A naval court may, for the purpose of the hearing and
investigation, administer an oath, summon parties and witnesses,
and compel their attendance and the production of documents.
483.-(1) Every naval court may, after hearing and investi- Powers of
naval courts.
gating the case, exercise the following powers ; (that is to say,)
(a.) The court may, if unanimous that the safety of the ship
or crew or the interest of the owner absolutely requires it,
remove the master, and appoint another person to act in his
stead ; but no such appointment shall be made without the
consent of the consignee of the ship if at the place where the
case is heard :
(b.) The court may, in cases in which they are authorised by this
Act and subject to the provisions of this Act, cancel or suspend
the certificate of any master, mate, or engineer: -
(c.) The court may discharge a seaman from his ship:

(d.).The court may order the wages of a seaman so discharged
or any part of those wages to be forfeited, and may direct the
same either to be retained by way of compensation to the
owner, or to be paid into the Exchequer, in the same manner
as fines under this Act :
(e.) The court may decide any questions as to wages or fines
or forfeitures arising between any of the parties to the
proceedings:
(f.) The court,may direct that all or any of the costs- incurred
by the master or owner of any ship in procuring the imprison-
ment of any seaman or apprentice in a foreign port, or in
his maintenance whilst so imprisoned, shall be paid-out of
and deducted from the wages of that seaman or apprentice,
whether then or subsequently earned:
203
[CH. 60.] Merchant Skipping Act, 1894. [57 & 58 Vlc'r]
A.P. 189.1. (g.) The court may exercise the same powers with regard to
persons charged before them with the commission of offences
at sea or abroad as British consular officers can under the
Thirteenth Part of this Act :
(h.) The court may punish any master of a ship or any of the
crew of a ship respecting whose coed u<;t it complaint is brought
before them for any offence against this Act, which, when
committed by the said master or member of the crew, is
punishable on summary conviction, and shall for that purpose
have the same powers as a court of summary jurisdiction
would have if the case were tried in the United Kingdom :
Provided that-
(i) where an offender is sentenced to imprisonment, the
senior naval or consular officer present at the place where
the court is held shall in writing confirm the sentence
and approve the place of imprisonment, whether on land
or on board ship, as a proper place for the purpose ; and
(ii) copies of all sentences passed by any naval court
summoned to hear any such complaint as aforesaid, shall
be sent to the commander-in-chief or senior naval officer
of the station
:
(j) The court may, if it appears expedient, order a survey of

any ship which is the subject of investigation to be made, and
such survey shall accordingly be made, in the same way,
and the surveyor who makes the same shall have the same
powers as if such survey had been directed by a competent
court in pursuance of the Fifth Part of this Act, in the course
of proceedings against a seaman or apprentice for the offence
of desertion.
(Ic.) The court may order the costs of the proceedings before
them, or any part of those costs, to be paid by any of the
parties thereto, and may order any person making a frivolous
or vexatious complaint to pay compensation for any loss or
delay caused thereby ; and any costs or compensation so
ordered to be paid shall be paid by that person accordingly,
and may be recovered in the same manner in which the wages
of seamen are recoverable, or may, if the case admits, be
deducted from the wages due to that person.
(2.) All orders duly made by a naval court under the powers
hereby given to it, shall in any subsequent legal proceedings be
conclusive as to the rights of the parties.
(3.) All orders made by any naval court shall, whenever prac-
ticable, be entered in the official log-book of the ship to which the
parties to the proceedings before the court belong, and signed by
the president of the court.
Report of pro-
ceedings of
484.-(1.) Every naval court shall make a report to the Board
naval courts. of Trade containing the following particulars; (that is to say,)
(a.) A statement of the proceedings of the court, together with
the order made by the court, and a report of the evidence ;
(b.) An account of the wages of any seaman or apprentice who
is discharged from his ship by the court ;
204
[57 & 58 VICT.] Merchan.t Shipping Act, 1894. [CH. 60.]
(.) If summoned to inquire into a case of wreck or abandon- A.D. 1894.
went, a statement of the opinion of the court as to the cause
of that wreck or abandonment, with such remarks on the
cmduct of the master and crew as the circumstances require.
t 2.) Every- such report shall be signed by the president of the
court, and shall be admissible in evidence in manner provided by

this Act.
485. If any person wilfully and without due cause prevents Penalty for
or obstructs the making of any complaint to an officer empowered preventing
to summon a naval court, or the conduct of any hearing or investi- complaint
gation by any naval court, he shall for each offence be liable to investigation.
a fine not exceeding fifty pounds, or be liable to imprisonment,
with or without hard labour, for any period not exceeding twelve
weeks.
486.-(1.) The provisions of this Part of this Act with regard Application
to naval courts on the high seas and abroad shall apply to all sea- of provisions
naval
going ships registered in the United Kingdom (with the exception, co its
in their application elsewhere than in Scotland, of fishing boats
exclusively employed in fishing on the coasts of the United King-
dom) and to all ships registered in a British possession, when those
ships are out of the jurisdiction of their respective governments,
and where they apply to a ship, shall apply to the owners, master,
and crew of that ship.
(2.) For the purpose of the said provisions an unregistered
British ship shall be deemed to have been registered in the United
Kingdom.
Courts of Survey.
487.-(1.) A court of survey for a port or district shall consist Constitution
of a judge sitting with two assessors. of court of
survey.
(2.) The judge shall be such person as may be summoned for
the case in accordance with the rules made under this Act with
respect to that court, out of a list approved for the port or
district by a Secretary of State, of wreck commissioners appointed
under this Act, stipendiary or metropolitan police magistrates,
judges of county courts, and other fit persons ; but in any special
case in which the Board of Trade think it expedient to appoint a
wreck commissioner, the judge shall be such wreck commissioner.
(3.) The assessors shall be persons of nautical, engineering, or
other special skill and experience ; subject to the provisions of the
Fifth Part of this Act as regards foreign ships, one of them shall
be appointed by the Board of Trade, either generally or in each
case, and the other shall be summoned, in accordance with the
rules made ns aforesaid, by the registrar of the court, out of a
list of persons periodically nominated for the purpose by the local
marine board of the tort, or, if there is no such board, by a body
of local shipowners or merchants approved for the purpose by a
Secretary of State, or, if there is no such list, shall be appointed
by the judge : If a Secretary of State thinks fit at any time, on
the recommendation of the government of any British possession
or any foreign country, to add any persons to any such list, those
205
[Cs. 60.] Merchant Shipping Act, 1894. [57 & 58 Via]
A.D. 1894. persons shall, until otherwise directed by the Secretary of State, be
added to the list, and if there is no such list shall form the list.
(4.) The county court registrar or such other fit person as a
Secretary of State may from time to time appoint shall be the
registrar of the court, and shall, on receiving notice of an appeal or
a reference from the Board of Trade, immediately summon the
court to meet forthwith in manner directed by the rules.
(5.) The name of the registrar and his office, together with the
rules made as aforesaid, relating to the court of survey, shall be
published in the manner directed by the rules.
(6.) In the application of this section to Scotland the expression
"judge of a county court " means a sheriff, and the expression
"county court registrar" means sheriff clerk.
(7.) In the application of this section to Ireland the expression
"stipendiary magistrate" includes any of the justices of the peace
in Dublin metropolis and any resident magistrate.
(8.) In the application of this section to the Isle of Man the
expression "judge of a county court" means the water bailiff, the
expression "stipendiary magistrate" means the high bailiff, the
expression "registrar of a county court" means a clerk to a
deemster or a clerk to justices of the peace.
Power and 488.-(1.) The court of survey shall hear every case in open
procedure of court.
court of (2.) The judge and each assessor of the court may survey the
survey.
ship, and shall have for the purposes of this Act all the powers of
a Board of Trade inspector under this Act.
(3.) The judge of the court may appoint any competent person
or persons to survey the ship and report thereon to the court.
(4.) The judge of the court, any assessor of the court, and any
person appointed by the judge of the court to survey a ship, may
go on board the ship and inspect the same and every part thereof,
and the machinery, equipments, and cargo, and may require the
unloading or removal of any cargo, ballast, or tackle, and any
person who wilfully impedes such judge, assessor, or person in the
execution of the survey, or fails to comply with any requisition
made by him, shall for each offence be liable to a fine not exceeding
ten pounds.
(5.) The judge of the court shall have the same power as the
Board of Trade have to order the ship to be released or finally
detained, but, unless one of the assessors concurs in an order for
the detention of the ship, the ship shall be released.
(6.) The owner and master of the ship and any person appointed
by the owner or master, and also any person appointed by the
Board of Trade, may attend at any inspection or survey made in
pursuance of this section.
(7.) The judge of the court shall send to the Board of Trade such
report as may be directed by the rules, and each assessor shall
either sign the report or report to the Board of Trade the reasons
Rules for
for his dissent.
e of
u
prom of
co
489. The Lord Chancellor may (with the consent of the
survey, &c. Treasury so far as relates to fees) make general rules to carry into
206
[57 & 58 VICT.] Merchant Shipping Act, 1894. [CR. 60.]
effect the provisions of this Act with respect to a court of survey, A.D. 1894.
and in particular with respect to the summoning of, and procedure
before, the court, the requiring on an appeal security for costs and
--
damages, the amount and application of fees, and the publication
of the rules, and those rules shall have effect as if enacted in this
Act.
Scientific Referees.
490.-(1.) If the Board of Trade are of opinion that an appeal Reference in
to a court of survey involves a question of .construction or design difficult cases
or of scientific difficulty or important principle, they may refer the to scientific
persons.
matter to such one or more out of a list of scientific referees from
time to time approved by a Secretary of State, as may appear to
possess the special qualifications necessary for the particular case,
and may be selected by agreement between the Board of Trade
and the appellant, or in default of any such agreement by a
Secretary of State, and thereupon the appeal shall be determined
by the referee or referees, instead of by the court of survey.
(2.) The Board of Trade, if the appellant in any appeal so requires
and gives security to the satisfaction of the Board to pay the costs
of and incidental to the reference, shall refer that appeal to a referee
or referees so selected as aforesaid.
(3.) The referee or referees shall have the same powers as a
judge of the court of survey.
Payments to Officers of Courts.

491. There may be paid out of money provided by Parliament Payments to
to any wreck commissioner, judge of a court of survey, assessor in officers of
courts.
any court of survey or investigation under this Part of this Act,
registrar of a court of survey, scientific referee, or any other
officer or person appointed for the purpose of any court of survey
or investigation under this Part of this Act, such salary or
remuneration (if any) as the Treasury may direct.
PART VII.
DELIVERY OF GOODS.
Delivery of Goods and Lien for Freight.
492. In this Part of this Act, unless the context otherwise Definitions
requires- under Part
VII.
The expression " goods " includes every description of wares and
merchandise :
The expression " wharf " includes all wharves, quays, docks, and
premises in or upon which any goods, when landed from ships,
may be lawfully placed :
The expression " warehouse " includes all warehouses, buildings,
and premises in which goods, when landed from ships, may be
lawfully placed :
207
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 VicT]
A.D. 1894. The expression " report" means the report required by the
customs laws to be made by the master of an importing
ship :
The expression " entry " means the entry required by the customs
laws to be made for the landing or discharge of good- from an
importing ship :
The expression " shipowner " includes the master of the ship and
every other person authorised to act as agent for the owner or
entitled to receive the freight, demurrage, or other charges
payable in respect of the ship :
The expression " owner " used in relation to goods means every
person who is for the time entitled, either as owner or agent
f,.r the owner, to the possession of the goods, subject in the
case of a lien (if any), to that lien :
The expression " wharfinger " means the occupier of a wharf as

herein-before defined :
The expression "warehouseman " means the occupier of a ware-
house as herein-before defined.
Power of 493.-(1.) Where the owner of any goods imported in any ship
shipowner to from foreign parts into the United Kingdom fails to make entry
enter and land
thereof, or, having made entry thereof, to land the same or take
default by delivery thereof, and to proceed therewith with all convenient speed,
owner of by the times severally herein-after mentioned, the shipowner may
goods.
make entry of and land or unship the goods at the following
times:-
(a.) If a time for the delivery of the goods is expressed in the
charter party, bill of lading, or agreement, then at any time
after the time so expressed :
(b.) If no time for the delivery of the goods is expressed in the
charter party, bill of lading, or agreement, then at any time
after the expiration of seventy-two hours, exclusive of a
Sunday or holiday, from the time of the report of the ship.
(2.) Where a shipowner lands goods in pui suance of this section
he shall place them, or cause them to be placed-
(a) if any wharf or warehouse is named in the charter party,
bill of lading, or agreement, as the wharf or warehouse where
the goods are to be placed and if they can be conveniently
there received, on that wharf or in that warehouse ; and
(b) in any other case on some wharf or in some warehouse on or
in which goods of a like nature are usually placed; the wharf
or warehouse being, if the goods are dutiable, a wharf or ware-
house duly approved by the Commissioners of Customs for the
landing of dutiable goods.
(3.) If at any time before the goods are landed or unshipped the
owner of the goods is ready and offers to land or take delivery of
the same, he shall be allowed to do so, and his entry shall in that
case be preferred to any entry which may have been made by the
shipowner.
(4.) If any goods are, for the purpose of convenience in assorting
the same, landed at the wharf where the ship is discharged, and
the owner of the goods at the time of that landing has made entry
and is ready and offers to take delivery thereof, and to convey the
208
same to some other wharf or warehouse, the goods shall be assorted A.D.
at landing, and shall, if demanded, be delivered to the owner
thereof within twenty-four hours after assortment; and the expense
of and consequent on that landing and assortment shall be borne
- 189.1.
by the shipowner.
(5.) If at any time before the goods are landed or unshipped the
owner thereof has made entry for the landing and warehousing
thereof at any particular wharf or warehouse other than that at
which the ship is discharging, and has offered and been ready t)
take delivery thereof, and the shipowner has failed to make that
delivery, and has also failed at the time of that offer to give the
owner of the goods correct information of the time at which the
goods can be delivered, then the shipowner shall, before landing or
unshipping the goods, in pursuance of this section, give to the
owner of the goods or of such wharf or warehouse as last aforesaid
twenty-four hours notice in writing of his readiness to deliver the
goods, and shall, if he lands or unships the same without that
notice, do so at his own risk and expense.
494. If at the time when any goods are landed from any ship, Lien for
and placed in the custody of any person as a wharfinger or ware- freight on
landing goods.
houseman, the shipowner gives to the wharfinger or warehouseman
notice in writing that the goods are to remain subject to a lien for
freight or other charges payable to the shipowner to an amount
mentioned in the notice, the goods so landed shall, in the hands of
the wharfinger or warehouseman, continue subject to the same lien,
if any, for such charges as they were subject to before the landing
thereof and the wharfinger or warehouseman receiving those
;
goods shall retain them until the lien is discharged as herein-after

mentioned, and shall, if lie fails so to do, make good to the
shipowner any loss thereby occasioned to him.
495. The said lien for freight and other charges shall be Discharge of
discharged- lien.
(1) upon the production to the wharfinger or warehouseman
of a receipt for the amount claimed as due, and delivery to
the wharfinger or warehousem in of a copy thereof or of a
release of freight from the shipowner, and
(2) upon the deposit by the owner of the goods with the
wharfinger or warehouseman of a sum of money equal in
amount to the sum claimed as aforesaid by the shipowner;
but in the latter case the lien shall be discharged without prejudice
to any other remedy which the shipowner may have for the
recovery of the freight.
496.-(1.) When a deposit as aforesaid is made with the Provisions as
wharfinger or warehouseman, the person making the same may, todero its by
within fifteen days after making it, give to the wharfinger or goods.
warehouseman notice in writing to retain it, stating in the notice
the sums, if any, which lie admits to be payable to the shipowner,
or, as the case may be, that he does not admit any sum to be so
payable, but if no such notice is given, the wharfinger or ware-
houseman may, at the expiration of the fifteen days, pay the sum
deposited over to the shipowner.
0 209
A.D. 1894. (2.) If a notice is given as aforesaid the wharfinger or warehouse-

man shall immediately apprize the shipowner of it, and shall pay
or tender to him out of the sum deposited the sum, if any, admitted
by the notice to be payable, and shall retain the balance, or, if no
sum is admitted to be payable, the whole of the sum deposited, for
thirty days from the date of the notice.
(3.) At the expiration of those thirty days unless legal proceed-
ings have in the meantime been instituted by the shipowner
against the owner of the goods to recover the said balance or sum,
or otherwise for the settlement of any disputes which may have
arisen between them concerning the freight or other charges as
aforesaid, and notice in writing of those proceedings has been
served on the wharfinger or warehouseman, the wharfinger or
warehouseman shall pay the balance or sum to the owner of the
goods.
(4.) A wharfinger or warehouseman shall by any payment under
this section be discharged from all liability in respect thereof.
Sale of goods
by warehouse-
497.-(1.) If the lien is not discharged, and no deposit is made
men.
as aforesaid, the wharfinger or warehouseman may, and, if required
by the shipowner, shall, at the expiration of ninety days from the
time when the goods were placed in his custody, or, if the goods
are of a perishable nature, at such earlier period as in his discretion
he thinks fit, sell by public auction, either for home use or for
exportation, the goods or so much thereof as may be necessary to
satisfy the charges herein-after mentioned.
(2.) Before making the sale the wharfinger or warehouseman
shall give notice thereof by advertisement in two local newspapers
circulating in the neighbourhood, or in one daily newspaper pub-
lished in London, and in one local newspaper, and also, if the
address of the owner of the goods has been stated on the manifest
of the cargo, or on any of the documents which have come into the
possession of the wharfinger or warehouseman, or is otherwise
known to him, send notice of the sale to the owner of the goods by
post.
(3.) The title of a bona fide purchaser of the goods shall not be
invalidated by reason of the omission to send the notice required
by this section, nor shall any such purchaser be bound to inquire
whether the notice has been sent.
Application of 498. The proceeds of sale shall be applied by the wharfinger or
proceeds of
sale.
warehouseman as follows, and in the following order :-
(i.) First, if the goods are sold for home use, in payment of any
customs or excise duties owing in respect thereof ; then
(ii.) In payment of the expenses of the sale ; then
(iii.) In payment of the charges of the wharfinger or warehouse-
man and the shipowner according to such priority as may be
determined by the terms of the agreement (if any) in that
behalf between them ; or, if there is no such agreement-
(a) in payment of the rent, rates, and other charges due to
the wharfinger or warehouseman in respect of the said
goods ; and then
210
(b) in payment of the amount claimed by the shipowner A.D. 1894.
as due for freight or other charges in respect of the said
goods;
--
and the surplus, if any, shall be paid to the owner of the goods.
499. Whenever any goods are placed in the custody of a whar- warehouse-
finger or warehouseman, under the authority of this Part of this man's rent and
Act, the w harfinger or warehouseman shall be entitled to rent in expenses.
respect of the same, and shall also have power, at the expense of
the owner of the goods, to do all such reasonable acts as in the
judgment of the wharfinger or warehouseman are necessary for the
proper custody and preservation of the goods, and shall have a lien
on the goods for the rent and expenses.
500. Nothing in this Part of this Act shall compel any whar- warehouse-
finger or warehouseman to take charge of any goods which he men's protec-
would not have been liable to take charge of if this Act had not tion.
been passed ; nor shall he be bound to see to the validity of any
lien claimed by any shipowner under this Part of this Act.
501. Nothing in this Part of this Act shall take away or abridge Saving for
any powers given by any local Act to any harbour authority, body local
corporate, or persons, whereby they are enabled to expedite the
discharge of ships or the landing or delivery of goods; nor shall
anything in this Part of this Act take away or diminish any rights
or remedies given to any shipowner or wharfinger or warehouseman
by any local Act.
PART VIII.
LIABILITY OF SHIPOWNERS.
502. The owner of a British sea-going ship, or any share therein, Limitation of
shall not be liable to make good to any extent whatever any loss iabii.Wyins
or damage happening without his actual fault or privity in the certain cases
following cases ; namely,- of loss of, or
to,
(i .) Where any goods, merchandise, or other things whatsoever .
goodsdamage
taken in or put on board his ship are lost or damaged by

reason of fire on board the ship ; or
(ii.) Where any gold, silver, diamonds, watches, jewels, or precious
stones taken in or put on board his ship, the true nature and
value of which have not at the time of shipment been declared
by the owner or shipper thereof to the owner or master of the
ship in the bills of lading or otherwise in writing, are lost or
damaged by reason of any robbery, embezzlement, making
away with, or secreting thereof.
503.-(1.) The owners of a ship, British or foreign, shall not, Limitation of
where all or any of the following occurrences take place without owner's liability in
their actual fault or privity ; (that is to say,) certain cases of
(a.) Where any loss of life or personal injury is caused to any loss of life,
injury, or
person being carried in the ship ; damage.
(b.) Where any damage or loss is caused to any goods, mer-
chandise, or other things whatsoever on board the ship ;
0 2 211
[CET. 60.] Merchant Shi2)pi,ng Act, 1894. [57 & 58 Vic'r.]
A.D. 1894. (c.) Where any loss of life or personal injury is caused to any
person carried in any other vessel by reason of the improper
navigation of the ship ;
(d.) Where any loss or damage is caused to any other vessel,
or to any goods, merchandise, or other things whatsoever on
board any other vessel, by reason of the improper navigation
of the ship ;
be liable to damages beyond the following amoun+s ; (that is to
say,)
(i.) In respect of loss of life or personal injury, either alone or
together with loss of or damage to vessels, goods, merchandise,
or other things, an aggregate amount not exceeding fifteen
pounds for each ton of their ship's tonnage ; and
(ii.) In respect of loss of, or damage to, vessels, goods, mer-
chandise, or other things, whether there be in addition loss
of life or personal injury or not, an aggregate amount not
exceeding eight pounds for each ton of their ship's tonnage.
(2.) For the purposes of this section-
(a.) The tonnage of a steam ship shall be her gross tonnage
without deduction on account of engine room ; and the tonnage
of a sailing ship shall be her registered tonnage :
Provided that there shall riot be included in such tonnage
any space occupied by seamen or apprentices and appropriated
to their use hich is certified under the regulations scheduled
xN
to this Act with regard thereto.

(b.) Where a foreign ship Las been or cap. be measured according
to British law, her tonnage, as ascert tined by that measure-
ment shall, for the purpose of this section, be deemed to be h'r
tonnage.
(c.) Where a foreign ship has not been and cannot be measured
according to British law, the surveyor-general of ships in the
United Kingdom, or the chief measuring officer of any British
possession abroad, shall, on receiving from or by the direction
of the court hearing the case, in which the tonnage of the
ship is in question, such evidence concerning the dimensions
of the ship as it may be practicable to furnish, give a certi-
ficate under his hand stating what would in his opinion have
been the tonnage of the ship if she had been duly measured
according to British law, and the tonnage so stated in that
certificate shall, for the purposes of this section, be deemed to
be the tonnage of the ship.
(3.) The owner of every sea-going ship or share therein shall
be liable in respect of every such loss of life, personal injury, loss
of or damage to vessels, goods, merchandise, or things as aforesaid
arising on distinct occasions to the same extent as if no other loss,
injury, or damage had arisen.
Power of
courts to con-
'504. Where any liability is alleged to have been incurred by
solidate claims the owner of a British or foreign ship in respect of loss t,f life,
against owners, personal injury, or loss of or damage to vessels or goods, and several
e claims are made or apprehended in respect of that liability, then,
the owner may apply in England and Ireland to the High Court,
or in Scotland to the Court of Session, or in a British posses ion to
212
[57 & 58 Viur] Merchant Shipping Act, 1891. [Ca. 60.]
any competent court, and that court may determine the amount A.D. 1894.
of the owner's liability and may distribute that amount rateably
among the several claimants, and may stay any proceedings
pending in any other court in relation to the same matter, and
11
-
may proceed in such manner and subject to such regulations as to
making persons interested parties to the proceedings, and as to the
exclusion of any claimants who do not come in within a certain time,
and as to requiring security from the owner, and as to payment of
any costs, as the court thinks just.
505. All sums paid for or on account of any loss or damage in Part owners,
respect whereof the liability of owners is limited under the pro- to P of in
ctt
visions of this Part of the Act, and all costs incurred in relation damages.
thereto, may be brought into account among part owners of the
same sh'p in the same manner as money disbursed for the use
thereof.
506. An insurance effected against the happening, without Insurances of
the owner's actual fault or privity, of any or all of the events certain risks
not invalid.
in respect of which the liability of owners is limited under this
Part of this Act shall not be invalid by reason of the nature of
the risk.
507. In any proceeding under this Part of this Act against the Proof of
Passengers on
owner of a ship or share therein with respect to loss of life, the board ship.
passenger lists under the Third Part of this Act shall be received
as evidence that the person upon whose death proceedings are taken
under this Part of this Act was a passenger on board the ship at
the time of death.
508. Nothing in this Part of this Act shall be construed to Liability in
lessen or take away any liability to which any master or seaman, certain cases
being also owner or part owner of the ship to which he belongs, is not affected.
subject in his capacity of master or seaman, or to extend to any
British ship which is not recognised as a British ship within the
meaning of this Act.
509. This Part of this :pct shall, unless the context otherwise Extent of
requires, extend to the whole of Her Majesty's dominions. Part VIII.
PART IX.
WRECK AND SALVAGE.
Vessels in Distress.
510. In this Part of this Act, unless the context otherwise Definition of
requires- " wreck " and
" salvage."
(1.) The expression " wreck " includes jetsam, flotsam, lagan,
and derelict found in or on the shores of the sea or any tidal
water :
(2.) The expression salvage" includes all expenses, properly

incurred by the salvor in the performance of the salvage
services.
511.-(1.) Where a British or foreign vessel is wrecke i, Duty of
receiver where
stranded, or in distress at any place on or near the coasts of the vessel in
United laingd m or any tidal water within the limits of the United distre
Kingdom, the receiver of wreck for the district in which that place
213
A.D. 1894. is situate shall, upon being made acquainted with the circumstance,
forthwith proceed there, and upon his arrival shall take the
command of all persons present, and shall assign such duties and
give such directions to each person as he thinks fit for the preser-
vation of the vessel and of the lives of the persons belonging to
the vessel (in this Part of this Act referred to as shipwrecked
persons) and of the cargo and apparel of the vessel.
(2.) If any person wilfully disobeys the direction of the receiver,
he shall for each offence be liable to a fine not exceeding fifty
pounds ; but the receiver shall not interfere between the master
and the crew of the vessel in reference to the management thereof,
unless he is requested to do so by the master.
Powers of the 512.-(1.) The receiver may, with a view to such preservation
receiver in as aforesaid of shipwrecked persons or of the vessel, cargo, or
case of vessels
in distress. apparel--
(a) require such persons as he thinks necessary to assist him :
(b) require the master, or other person having the charge, of
any vessel near at hand to give such aid with his men, or
vessel, as may be in his power :
(c) demand the use of any waggon, cart, or horses that may be
near at hand.
(2.) If any person refuses without reasonable cause to comply
with any such requisition or demand, that person shall, for each
refusal, be liable to a fine not exceeding one hundred pounds ; but
a person shall not be liable to pay any duty in respect of any such
waggon, cart, or horses, by reason only of the use of the same under
this section.
Power to pass 513.-(1.) Whenever a vessel is wrecked, stranded, or in distress
over adjoining as aforesaid, all persons may, for the purpose of rendering assist-
lands.
ance to the vessel, or of saving the lives of the shipwrecked
persons, or of saving the cargo or apparel of the vessel, unless there
is some public road equally convenient, pass and repass, either with
or without carriages or horses, over any adjoining lands without
being subject to interruption by the owner or occupier, so that they
do as little damage as possible, and may also, on the like condition,
deposit on those lands any cargo or other article recovered from
the vessel.
(2.) Any damage sustained by an owner or occupier in con-
sequence of the exercise of the rights given by this section shall be
a charge on the vessel, cargo, or articles in respect of or by which
the damage is occasioned, and the amount payable in respect of the
damage shall, in case of dispute, be determined and shall, in
default of payment, be recoverable in the same manner as the
amount of salvage is under this Part of this Act determined or
recoverable.
(3.) If the owner or occupier of any land--
(a) impedes or hinders any person in the exercise of the rights
given by this section by locking his gates, or refusing, upon
request, to open the same, or otherwise; or
(b) impedes or hinders the deposit of any cargo or other article
recovered from the vessel as aforesaid on the land ; or
214
[57 & 58 VicT.] Merchant Shipping Act, 1894. [CH660.]
(c) prevents or endeavours to prevent any such cargo or other A.D. 1894.
article from remaining deposited on the land for a reasonable
time until it can be removed to a safe place of public deposit;
he shall for each offence be liable to a fine not exceeding one
-
hundred pounds.
514.-(1.) Whenever a vessel is wrecked, stranded, or in distress Power of
receiver to
as aforesaid, and any person plunders, creates disorder, or obstructs suppress
the preservation of the vessel or of the shipwrecked persons or of and
the cargo or apparel of the vessel, the receiver may cause that disorder by
force.
person to be apprehended.
(2.) The receiver may use force for the suppression of any such
plundering, disorder, or obstruction, and may command all Her
Majesty's subjects to assist him in so using force.
(3.) If any person is killed, maimed, or hurt by reason of his
resisting the receiver or any person acting under the orders of
the receiver in the execution of the duties by this Part of this Act
committed to the receiver, neither the receiver nor the person
acting under his orders shall be liable to any punishment, or to
pay any damages by reason of the person being so killed, maimed,
or hurt.
515. Where a vessel is wrecked, stranded, or in distress as Liability for
aforesaid, and the vessel or any part of the cargo and apparel damage ineesel
thereof, is plundered, damaged, or destroyed by any persons plundered.`
riotously and tumultuously assembled together, whether on shore
or afloat, compensation shall be made to the owner of the vessel,
cargo, or apparel :
In England in the same manner, by the same authority, and out
of the same rate as if the plundering, damage, injury, or
destruction were an injury, stealing, or destruction in respect
of which compensation is payable under the provisions of the
Riot (Damages) Act, 1886, and in the case of the vessel, cargo, 49 & 50 Viet.
or apparel not being in any police district, as if the plundering, c. 38.
damage, injury, or destruction took place in the nearest police
district ;
In Scotland by the inhabitants of the county, city, or borough
in or nearest to which such offence is committed, in manner
provided by the Riot Act, with respect to prosecutions for 1 Geo. 1.
repairing the damages of any churches and other buildings, or st. 2. C. 5.
as near thereto as circumstances permit, and
In Ireland in manner provided by the Act of the Session held 16 & 17 V
in the sixteenth and seventeenth year of the reign of Her e 38
present Majesty, chapter thirty-eight, intituled I An Act to
extend the remedies for the compensation of malicious
injuries to property in Ireland" with respect to damage to
any dwelling-house or other property therein mentioned.
516.-(1.) Where a receiver is not present, the following officers Exerciseofof
or persons in succession (each in the absence of the other, in the order receiver
powers
in his
in which they are named), namely, any chief officer of customs absence.
principal officer of the coastguard, officer of inland revenue, sheriff,
justice of the peace, commissioned officer on full pay in the naval
service of Her Majesty, or commissioned officer on full pay in the
215
[Ca. 60.] Merchant Shipping Act, 1891. [57 & 58 VrcT.]
Al). 1894. military service of Her Majesty, may do anything by this Part of
-- this Act authorised to be done by the receiver.
(2.) An officer acting under this section for a receiver shall, with
respect to any goods or articles belonging to a vessel the delivery
of which to the receiver is required by this Act, be considered as
the agent of the receiver, and shall place the same in the custody
of the receiver; but he shall not be entitled to any fees payab'e to
receivers, or be deprived by reason of his so acting of any right to
salvage to which he would ottihtrwise be entitled.
Examination in 517.-(1.) Where any ship, British or foreign, is or has been in
respect of distress on the coasts of the United Kingdom, a receiver of wreck,
ships in
distress
.
or at the request of the Board of Trade a wreck commissioner or
deputy approved by the Board, or, in the absence of the persons
aforesaid, a justice of the peace, shall, as soon as conveniently may
be, examine on oath (and they are hereby respectively empowered
to admit.ister the oath) any person belonging to the ship, or any
other person who may be able to give any account thereof or of
the cargo or stores thereof, as to the following matters ; (that is
to say),--
(a.) The name and description of the ship;
(b.) The name of the master and of the owners ;
(c.) The names of the owners of the cargo ;
(d.) The ports from and to which the ship was bound ;
(e.) The occasion of the distress of the ship
(f) The services rendered ; and
(g.) Such other matters or circumstances relating to the ship,
or to the cargo on board the same, as the person holding the
examination thinks necessary.
(2.) The person holding the examination shall take the same
down in writing, and shall send one copy thereof to the Board of
Trade, and another to the secretary of Lloyd's in London, and the
secretary shall place it in some conspicuous situation for inspection.
(3.) The person holding the examination shall, for the purposes
thereof, have all the powers of a Board of Trade inspector under
this Act.
Dealing with Wreck.

Provision as to 518. Where any person finds or takes possession of any wreck
wreck teunnd in within the limits of the United Kingdom he shall,-
the Un
Kingdom. (a) if he is the owner thereof, give notice to the receiver of the
district stating that he has found or taken possession of the
same, and describing the marks by which the same may be
recognised ;
(b) if he is not the owner thereof, as soon as possible deliver

the same to the receiver of the district :
and if any person fails, without reasonable cause, to comply with

this section, he shall, for each offence, be liable to a fine not
exceeding one hundred pounds, and shall in addition, if he is not
the owner, forfeit any claim to salvage, and shall be liable to pay
to the owner of the wreck if it is claimed, or, if it is unclaimed
to the person entitled to the same, double the value thereof, to be
216
[57 & 5S Vt0T.] ?17erc7amt Shipping Act, 1594. [Cu. 60.]
recovered in the same way as a fine of a like amount under this A.D. 1894.
Act.
519.-(l.) Where a vessel is wrecked, stranded, or in distress Penalty for
-
at any place on or near the coasts of the United Kingdom or any tta
tidal water within the limits of tha United Kingdom, any cargo or casualty.
in
at ti
`Peck
other articles belonging to or separated from the vessel, which

may be washed on shore or otherwise lost or taken from the vessel
shall be d-livered to the receiver.
(2.) If any person, whether the owner or not, secretes or keeps
posse-sion of any such cargo or article, or refuses to deliver the
same to the receiver or any person authorised by him to demand
the same, that person shall for each offence be liable to a fine not
(3.) The receiver or any person authorised as aforesaid may take
any such cargo or atticle by force from the person so refusing to
deliver the same.
520. Where a receiver takes possession of any wreck he shall Notice of
within forty-eight hours- wreck to be
a) cause to be posted in the custom house nearest to the place receiver.
where the wreck was found or was seized by him a description
thereof and of any marks by which it is distinguished ; and
(b) if in his opinion the value of the wreck exceeds twenty
pounds, also transmit a similar description to the secretary of
Lloyd's in London, and the secretary shall post it in some
conspicuous position for inspection.
521.-(1.) The owner of any wreck in the possession of the claims of to
receiver, upon establishing his claim to the same to the satisfaction owners
of the receiver within one year from the time at which the wreck
wreck.
came into the possession of the receiver, shall, upon paying the
salvage, fees, and expenses due, be entitled to have the wreck or
the proceeds thereof delivered up to him.
(2.) \;W here any articles belonging to or forming part of a foreign
ship, which has been wrecked on or near the coasts of the United
Kingdom, or belonging to and forming part of the cargo, are found
on or near those coasts, or are brought into any port in the United
Kingdom, the consul-general of the country to which the ship or
in the case of cargo to which the owners of the cargo may have
belonged, or any consular officer df that country authorised in that
behalf by any treaty or arrangement with that country, shall, in
the absence of the owner and of the master or other agent of the
owner, be deemed to be the agent of the owner, so far as relates to
the custody and disposal of the articles.
522. A receiver may at any time sell any wreck in his custody [mmediate
sale of wreck
if in his opinion- by receiver in
(a) it is under the value of five pounds, or certain cases.
(b) it is so much damaged or of so perishable a nature thtit it
cannot with advantage be kept, or
(c) it is not of sufficient value to pay for warehousing,
and the proceeds of the sale shall, after defraying the expenses
thereof, be held by the receiver for the same purposes and subject
217
A.D. 1894. to the same claims, rights, and liabilities as if the wreck had
remained unsold.
Unclaimed Wreck.
Right of Crown 523. Her Majesty and Her Royal successors are entitled to all
to unclaimed
wreck.
unclaimed wreck found in any part of Her Majesty's dominions,
except in places where Her Majesty or any of Her Royal predecessors
has granted to any other person the right to that wreck.
Notice of
unclaimed
524.-(1.) Where any admiral, vice-admiral, lord of the manor,
wreck to be heritable proprietor duly infeft, or other person is entitled for his
given to own use to unclaimed wreck found on any place within the district
persons of a receiver, he shall deliver to the receiver a statement containing
entitled.
the particulars of his title, and an address to which notices may
be sent.
(2.) When a statement has been so delivered and the title
proved to the satisfaction of the receiver, the receiver shall, on
taking possession of any wreck found at a place to which the
statement refers, within forty-eight hours send to the address
delivered a description of the wreck and of any marks by which
it is distinguished.
Disposal of 525. Where no owner establishes a claim to any wreck, found
unclaimed
wreck. in the United Kingdom and in the possession of a receiver, within
one year after it came into his possession, the wreck shall be dealt
with as follows ; (that is to say,)
(1.) If the wreck is claimed by any admiral, vice-admiral, lord
of a manor, heritable proprietor, or other person who has
delivered such a statement to the receiver as herein-before
provided, and has. proved to the satisfaction of the receiver
his title to receive unclaimed wreck found at the place where
that wreck was found, the wreck after payment of all expenses,
costs, fees, and salvage due in respect thereof, shall be delivered
to him ;
(2.) If the wreck is not claimed by any admiral, vice-admiral,
lord of a manor, heritable proprietor, or other person as afore-
said, the receiver shall sell the same and shall pay the proceeds
of the sale (after deducting therefrom the expenses of the sale,
and any other expenses incurred by him, and his fees, and
paying thereout to the salvors such amount of salvage as the
Board of Trade may in each case, or by any general rule,
determine) for the benefit of the Crown, as follows ; (that is to
say,)
(a.) If the wreck is claimed in right of Her Majesty's duchy
of Lancaster, to the receiver-general of that duchy or
his deputies as part of the revenues of that duchy;
(b.) If the wreck is claimed in right of the duchy of
Cornwall, to the receiver-general of that duchy or his
deputies as part of the revenues of that duchy ; and
(c.) If the wreck is not so claimed, the receiver shall pay the
proceeds of sale to the Mercantile Marine Fund during
the life of Her present Majesty, and after the decease of
Her present Majesty to her heirs and successors.
218
526.-(l.) Where any dispute arises between any such admiral, A.D. 1894.
vice-achniral, lord of a manor, heritable proprietor, or other person
Disputed titre
as aforesaid and the receiver respecting title to wreck found at to nclaimed
any place, or, where more persons than one claim title to that wreck.
wreck and a dispute arises between them as to that title, that
dispute may be referred and determined in the same manner as if
it were a dispute as to salvage to be determined summarily under
(2.) If any party to the dispute is unwilling to have the same
so referred and determined, or is dissatisfied with the decision on
that determination, he may within three months after the expira-
tion of a year from the time when the wreck has come into the
receiver's hands, or from the date of the decision, as the case may
be, take proceedings in any court having jurisdiction in the matter
for establishing his title.
527. Upon delivery of wreck or payment of the proceeds of sale Delivery
unclaimed
of
of wreck by a receiver, in pursuance of the provisions of this Part wreck by
of this Act, the receiver shall be discharged from all liability in receivers not
respect thereof, but the delivery thereof shall not prejudice or to prejudice
title.
affect any question which may be raised by third parties concerning
the right or title to the wreck, or concerning the title to the soil of
the place on which the wreck was found.
528.-(1.) The Board of Trade may, with the consent of the Power ofto
Treasury, out of the revenue arising under this Part of this Act, Board. trade to
purchase for and on behalf of Her Majesty any rights to wreck e
possessed by any person other than Her Majesty. rights to
(2.) For the purpose of a purchase under this section, the pro-
wreck.
visions of the Lands Clauses Acts relating to the purchase of lands

by ogreement shall be incorporated with this Part of this Act, and
in the construction of those Acts for the purposes of this section
this Part of this Act shall be deemed to be the special Act, and any
such right to wreck as aforesaid shall be deemed to be an interest
in land authorised to be taken by the special Act, and Her Majesty
shall be deemed to be the promoter of the undertaking.
529. No admiral, vice-admiral, or other person, under whatever Admiral not to
interfere with
denomination, exercising Admiralty jurisdiction, shall, as such, wreck.
by himself or his agents, receive, take, or interfere with any wreck
except as authorised by this Act.
Removal of Wrecks.
530. Where any vessel is sunk, stranded, or abandoned in any wreck

ml of
harbour or tidal water under the control of a harbour or con- harbour
thereto, in such
servancy authority, or in or near any approach conservancy
manner a in the opinion of the authority to be, or be likely to authority.
become, an obstruction or danger to

navigation or to lifeboats
or water or in any
engaged in lifeboat service in that
harbour
approach thereto, that authority may-
or destroy the whole
(a) take possession of, and raise, remove,
or any part of the vessel ; and
219
[Cx. 60.] Merchant tiShipping Act, 1894. [57 & 58 Vic'r.]
A.D. 1894. (b) light or buoy any such vessel or part until the raising,
removal, or destruction thereof; and
(c) sell, in such m,inner as they think fit, any vessel or part so
raised or removed, and also any other property recovered +n
the exercise of their powers under this section, and out of the
proceeds of the sale reimburse themselves for the expenses
incurred by them in relation thereto under this section, and
the authority shall hold the surplus, if any, of the proceeds in
trust for the persons entitled thereto.
Ptovided as follows:-
(1.) A sale shall not (except in the case of property which is of
a perishable nature, or which would deteriorate in value by
delay) be made under this section until at least seven clear
days notice of the intended sale has been given by advertise-
ment in some local newspaper circulating in or near the
district over which the authority have control ; and
(2.) At any time before any property is sold under this section,
the owner thereof shall be entitled to have the same delivered
to him on payment to the authority of the fair market value
thereof, to be ascertained by agreement between the authority
and the owner, or failing agreement by some person to be
named for the purpose by the Board of Trade, and the sum
paid to the authority as the value of any property under this
provision shall, for the purposes of this section, be deemed to
be the proceeds of sale of that property.
Power of
lighthouse
531.-(1.) Where any vessel is sunk, stranded, or abandoned in
authority to any fairway, or on the seashore or on or near any rock, shoal, ox
remove wreck. bank, in the British Islands, or any of the adjacent seas or islands,
and there is not any harbour or. conservancy authority having
power to raise, remove, or destroy the vessel, the general lighthouse
authority for the place in or near which the vessel is situate shall,
if in their opinion the vessel is, or is likely to become, an
obstruction or danger to navigation or to lifeboats engaged in the
lifeboat service, have the same powers in relation thereto as are
by this Part of this Act conferred upon a harbour or conservancy
authority.
(2.) All expenses incurred by the general lighthouse authority
under this section, and not reimbursed in manner provided by this
Part of this Act, shall be paid out of the Mercantile Marine h'nnd,
but shall be subject to the like estimate, account, and sanction
as the expenses of a general lighthouse authority, other than
establishment expenses.
Powers of 532. The provisions of this Part of this Act relating to removal
removal to of wrecks shall apply to every article or thing or collection of
extend to
tackle, cargo, things being or forming part of the tackle, equipments, cargo,
&c. stores, or ballast of a vessel in the same manner as if it were
included in the term " vessel," and for the purposes of these pro-
visions any proceeds of sale arising from a vessel and from the
cargo thereof, or any other property recovered therefrom, shall be
regarded as a common fund.
220
533. If any question arises between a harbour or conservancy A.D. 1894.
authority on the one hand and a general lighthouse authority on -
the other hand as to their respective powers under this Part of this Board of Trade
Act for the removal of wrecks, in relation to any place being in or to determine
near an approach to a harbour or tidal water, that question shall, certain
on the application of either authority, be referred to the decision of betweens
the Board of Trade, and the decision of that Board shall be final, authorities.
534. The powers conferred by this Part of this Act on a Powers to be
harbour, conservancy, or lighthouse, authority, for the removal of cumulative.
wrecks shall be in addition to and not in derogation of any other
powers for a like object.
0f'ences in respect of Wreck.

535. If any person takes into any foreign port any vessel, Taking wreck
stranded, derelict, or otherwise in distress, found on or near the to foreign port.
coasts of the United Kingdom or any tidal water within the limits
of the TJnited Kingdom, or any part of the cargo or app-irel
thereof, or anything belonging thereto, or any wreck found within
those limits, and there sells the same, that person shall be guilty of
felony, and on conviction thereof shall be liable to be kept in penal
servitude for a term not less than three years and not exceeding
five yeavs.
536.-(1.) A person shall not without the leave of the roaster Interfering
with wrecked
board or endeavour to board any vessel which is wrecked, stranded, vessel or
or in distress, unless that person ie, or acts by command of, the wreck.
receiver or a person lawfully acting as such, and if any person acts
in contravention of this enactment, he shall for each offence be
liable to a fine not exceeding fifty pounds, and the master of the
vessel may repel him by force.
k2.) A person shall not-
(a) impede or hinder, or endeavour in any way to impede or
hinder, the saving of any vessel stranded or in danger of being
stranded, or otherwise in distress on or near any coast or tidal
water, or of any part of the cargo or apparel thereof, or of
any wreck ;
(b) secrete any wreck, or deface or obliterate any marks
thereon ; or
(c) wrongfully carry away or remove any part of a vessel
stranded or in danger of being stranded, or otherwise in
distress, on or near any coast or tidal water, or any part of
the cargo or apparel thereof, or any wreck,
and if any person acts in contravention of this enactment, he shall
be liable for each offence to a fine not exceeding fifty pounds, and
that fine may be inflicted in addition to any punishment to which
he may be liable by law under this Act or otherwise.
537.-(1.) Where a receiver suspects or receives information Summary
that any wreck is secreted or in the possession of some person, who procedure for
is not the owner thereof or that any wreck is otherwise improperly of wreck.
dealt with, he may apply to any justice of the peace for a search
warrant, and that justice shall have power to grant such a warrant,
221
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 V1cT]
A.D. 1894. and the receiver, by virtue thereof may enter any house, or other
place, wherever situate, and also any vessel, and search for, seize,
and detain any such wreck there found.
(2.) If any such seizure of wreck is made in consequence of
information given by any person to the receiver, on a warrant
being issued under this section, the informer shall be entitled, by
way of salvage, to such sum not exceeding in any case five pounds
as the receiver may allow.
Marine Store Dealers.

Marine store 538.-(1.) Every person dealing in, buying, or selling, any of
dealer to have the articles following, that is to say, anchors, cables, sails, old junk,
his name and
trade painted or old iron, or other marine stores of any kind (in this Part of this
on his shop. Act called a marine store dealer) shall have his name, together with
the words " dealer in marine stores," distinctly painted, in letters of
not less than six inches in length on every warehouse and place
of deposit belonging to him.
(2.) If a marine store dealer fails to comply with the require-
ments of this section, he shall for each offence be liable to a fine not
exceeding twenty pounds.
Marine store
dealer to keep
539.-(1.) Every marine store dealer shall keep proper books,
proper books.
and enter therein an account of all marine stores of which he
becomes possessed, stating in respect of each article the time at
which and the person from whom he purchased or received the
same, and a description of the business and place of abode of that
person.
(2.) If a marine store dealer fails to comply with the requirements
of this section he shall be liable to a fine for the first offence not
exceeding twenty pounds, and for every subsequent offence not
Marine store
dealer not to
540.-(1.) A marine store dealer shall not by himself or his
purchase from
agents purchase marine stores of any description from any person
person under apparently under the age of sixteen years.
sixteen. (2.) If a marine store dealer so purchases any marine store, he
shall be liable to a fine for the first offence not exceeding five
pounds, and for every subsequent offence not exceeding twenty
pounds.
Marine store
dealer not to
541.-(1.) A marine store dealer shall not, on any pretence, cut
cut up cable, up any cable or other like article exceeding five fathoms in length,
&c. or unlay the same into twine or paper stuff without obtaining a
written permit as required by this section.
(2.) In order to obtain a written permit a marine store dealer
shall make a declaration before some justice of the peace having
jurisdiction where the dealer resides, stating-
(a) the quality and description of the cable or other like article
about to be cut up or unlaid ;
(b) the name and description of the person from whom he
purchased or received the same ; and
(c) that he has purchased or otherwise acquired the same without
fraud and without any knowledge or suspicion that it has been
come by dishonestly :
222
[57 & 58 Vicr.] Merchant Shipping Act, 1894, [CH. 60.]
and either the justice of the peace before whom the declaration is A.D. 1894.
made, or the receiver of the district, upon the production of the
declaration, may grant a permit authorising the marine store dealer
--
to cut up or unlay the cable or other article.
(3.) If a marine store dealer cuts up or unlays any cable or
other article without complying with the provisions of this section
he shall be liable to a fine for the first offence not exceeding twenty
pounds, and for every subsequent offence not exceeding fifty
pounds.
542.-(1.) A marine store dealer who has obtained a permit as Permit to be
be
aforesaid shall not proceed by virtue thereof to cut up or unlay any eor' dealer
cable or other article until he has for the space of one week, at the proceeds to act
least, published in some newspaper circulating in the place where thereon.
he resides one or more advertisements, notifying the fact of his
having so obtained a permit, and specifying the nature of the cable
or article mentioned in the permit, and the place where it is
deposited, and the time at which it is intended to be so cut up or
unlaid.
(2.) If any person suspects or believes that the cable or other
article is his property he may apply to a justice of the peace for a
warrant, and that justice may, on the sworn statement of the
applicant, grant a warrant entitling the applicant to require the
production by the marine store dealer of the cable or article
mentioned in the permit, and also of the books required under this
Part of this Act to be kept by the marine store dealer, and
authorising the applicant to inspect and examine the cable or article
or books.
(3.) If a marine store dealer fails without reasonable cause to
comply with any of the requirements of this section, he shall be
liable for the first offence to a fine not exceeding twenty pounds,
and for every subsequent offence to a fine not exceeding fifty
pounds.
Marking of Anchors.
543.-(1.) Every manufacturer of anchors shall mark on every Marking of
anchors.
anchor manufactured by him in legible characters and both on the
crown and also on the shank under the stock his name or initials,
and shall in addition mark on the anchor a progressive number and
the weight of the anchor.
(2.) If a manufacturer of anchors fails without reasonable cause
to comply with this section, he shall be liable for each offence to a
Salvage.
544.-(1.) Where services are rendered wholly or in part within Salvage pay-
saving
British waters in saving life froin any British or foreign vessel, or able
life*
for
elsewhere in saving life from any British vessel, there shall be

payable to the salvor by the owner of the vessel, cargo, or apparel
saved, a reasonable amount of salvage, to be determined in case of
dispute in manner herein-after mentioned.
223
[Cit. 60.] Merchant ,Sipping Act, 1894. [57 & 58 Vicr.]
A.D. 1894. (2.) Sdvage in respect of the preservation of life when payable
by the owners of the vessel shall be payable in priority to all other
claims for salvage.
(3.) Where the vessel, cargo, and apparel are destroye.l, or the
value thereof is insufficient, after payment of the actual expenses
incurred, to pay the amount of salvage payable in respect of the
preservation of life, the Board of Trade may, in their discretion,
award to the salvor, out of the Mercantile Marine Fund, such suin
as they think fit in whole or part satisfaction of any amount of
salvage so left unpaid.
Salvage of life 545. When it is made to appear to Her Majesty that the
from foreign government of any foreign country is willing that salvage should
l be awarded by British courts for services rendered in savit.g life
from ships belonging to that country, when the ship is beyond
the limits of British jurisdiction, Her Majesty may, by Order in
Council, direct that the provisions of this Part of this Act with
reference to salvage of life shall, subject to any conditions and
qualifications contained in the Order, apply, and those provisions
shall accordingly apply to those services as if they were rendered
in saving life from ships within British jurisdiction.
Salvage of
cargo or
546. Where any vessel is wrecked, stranded, or in distress at
wreck.
any place on or near the coasts of the United Kingdom or any
tidal water within the limits of the United Kingdom, and services
are rendered by any person in assisting that vessel or saving the
cargo or apparel of that vessel or any part thereof, and where
services are rendered by any person other than a receiver in saving
any wreck, there shall be payable to the salvor by the owner
of the vessel, cargo, apparel, or wreck, a reasonable amount of
salvage to be determined in case of dispute in manner herein-after
mentioned.
Procedure in Salvage.
Determination 547.-(1.) Disputes as to the amount of salvage whether of life
of salvage or property, and whether rendered within or without the United
disputes.
Kingdom arising between the salvor and the owners of any vessel,
cargo, apparel, or wreck, shall, if not settled by agreement, arbi-
tration, or otherwise, be determined summarily in manner provided
by this Act, in the following cases; namely,-
(a.) In any case where the parties to the dispute consent
(b) In any case where the value of the property saved does not
exceed one thousand pounds :
(c.) In any case where the amount claimed does not exceed in
Great Britain three hundred pounds, and in Ireland two
hundred pounds
(2.) Subject as aforesaid, disputes as to salvage shall be deter-
mined by the High Court in England or Ireland, or in Scotland
the Court of Session, but if the claimant does not recover in any
such court in Great Britain more than three hundred pounds, and
in any such court in Ireland more than two hundred pounds, he
shall not be entitled to recover any costs, charges, or expenses
incurred by him in the prosecution of his claim, unless the court
224
tried otherwise than summarily in manner provided by this Act.

(3.) Disputes relating to salvage may be determined on the
application either of the salvor or of the owner of the property
-
before which the case is tried certify that the case is a fit one to be A.D. 1894.
saved, or of their respective agents.

(4.) Where a dispute as to salvage is to be determined summarily
under this section it shall be referred and determined as follows
(a.) In England it shall be referred to and determined by a
county court having Admiralty jurisdiction by virtue of the
County Courts Admiralty Jurisdiction Act, 1868, or any Act 31 & 32 Vii.
amending the same : c. 71.
(b.) In Scotland it shall be referred to and determined by the

sheriff's court :
(c.) In Ireland it shall be referred to the arbitration of and
determined by two justices of the peace, or a stipendiary
magistrate, or the recorder of any borough having a recorder,
or the chairman of quarter sessions in any county, and any
such justices, stipendiary magistrate, recorder, or chairman
are herein-after included in the expression " arbitrators."
(5.) Nothing in this Act relating to the procedure in salvage
cases shall affect the jurisdiction or procedure in salvage cases
of a county court having Admiralty jurisdiction by virtue of the
County Courts Admiralty Jurisdiction Act, 1868, or the Court of 30 & 31 Viet.
Admiralty (Ireland) Act, 1867, or any Act amending either of c. 114.
those Agts.
548.--(1.) Disputes as to salvage which are to be determined Determination
summarily in manner provided by this Act shall- of disputes as
(a) where the dispute relates to the salvage of wreck be referred summary.
to a court or arbitrators having jurisdiction at or near the
place where the wreck is found :
(b) where the dispute relates to salvage in the case of services
rendered to any vessel or to the cargo or apparel thereof or
in saving life therefrom be referred to a court or arbitrators
having jurisdiction at or near the place where the vessel is
lying, or at or near the port in the United Kingdom into
which the vessel is first brought after the occurrence by
reason whereof the claim of salvage arises.
(2.) Any court or arbitrators to whom a dispute as to salvage
is referred for summary determination may, for the purpose of
determining any such dispute, call in to their assistance any person
conversant with maritime affairs as assessor, and there shall be
paid as part of the costs of the proceedings to every such assessor
in respect of his services such sum not exceeding five pounds as
the Board of Trade may direct.
549. Where a dispute relating to salvage has been determined Appeal in case
summarily in manner provided by this Act, any party aggrieved by of salvage
disputes.
the decision may appeal therefrom-
(a) in Great Britain, in like manner as in the case of any other
judgment in an Admiralty or maritime cause of the county
court or sheriff's court, as the case may be ; and
(b) in Ireland, to the High Court, but only if the sum in dispute
exceeds fifty pounds, and the appellant within ten days after
P 225
[Cs. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT.1
A.D. 1894. the date of the award gives notice to the arbitrators of his
intention to appeal and, within twenty days after the date of
the award, takes such proceedings as, according to the practice
of the High Court, are necessary for the institution of an:
appeal.
(2.) In the case of an appeal from arbitrators in Ireland the,
arbitrators shall transmit to the proper officer of the court of appeal
a copy on unstamped paper certified under their hands to be a true
copy of the proceedings had before them or their umpire (if any)
and of the award so made by them or him, accompanied with
their or his certificate in writing of the gross value of the article
respecting which salvage is claimed ; and such copy and certificate
shall be admitted in the court of appeal as evidence in the case.
As to arbitra-
tors in Ireland.
550.-(1.) The Lord Lieutenant in Ireland may appoint, out of
the justices for any borough or county, a rota of justices, by whom.
jurisdiction in salvage cases under this Part of this Act shall be
exercised.
(2.) Where no such rota is appointed the salvors may, by writing
addressed to the justices clerk, name one justice and the owner of
the property saved may in like manner name another justice to be--
arbitrators; and if either party fails to name a justice within a
reasonable time the case may be tried by two or more justices at,
petty sessions.
(3.) Where a dispute as to salvage is referred to justices under
this Act, they may, if a difference of opinion arises between them,
or without such difference, if they think fit, appoint some person
"
conversant with maritime affairs as umpire to decide the point in

dispute.
(4.) The arbitrators, within forty-eight hours after any such
dispute has been referred to them, and the umpire (if any) within
forty-eight hours after his appointment, shall make an award as to
the amount of salvage payable, with power nevertheless for such
arbitrators or umpire, by writing, duly signed, to extend the time.
for so making the award.
(5.) There shall be paid to every umpire appointed as aforesaid',,
in. respect of his services, such sum not exceeding five' pounds as.
the Board of Trade may direct.
(6.) All the costs of such arbitration, including any such pay-
ment to an umpire as aforesaid, shall be paid by the parties to the
dispute, in such manner, and in such shares and proportions, as the
arbitrators or umpire may direct by the award.
(7.) The arbitrators or umpire may call for the production of
any documents in the possession or power of either party which
they or he may think necessary for determining the question in;.,
dispute, and may examine the parties and their witnesses on oath,
and administer the oaths necessary for that purpose.
(8.) A Secretary of State may determine the scale of costs to be
awarded in salvage cases determined' by arbitrators under this Part
of this Act
226
57 & 58 VICT.] Merchant Shipping Act, 1894. [OH. 60.]
551.-(1.) Where any dispute as to salvage arises, the receiver A.D. 1894.
of the district where the property is in respect of which the
salvage claim is made, may, on the application of either party, Pro aluation of
perty by
appoint a valuer to value that property, and shall give copies of receiver.
the valuation 'to both parties.
(2.) Any copy of the valuation purporting to be signed by the
valuer, and to be certified as a true copy by the receiver, shall be
admissible as evidence in any subsequent proceeding.
(3.) There shall be paid in respect of the valuation by the person
applying for the same such fee as the Board of Trade may direct.
552.-(l.) Where, salvage is due to any person under this Act,
sis
Detention of
the receiver shall- property
fable for
(a) if the salvage due in respect, of services rendered in salvage by a
assisting any vessel, or in saving life therefrom, or in saving receiver.
the cargo or apparel thereof, detain the vessel and cargo or
apparel ; and
(h) if the salvage is due in respect of the saving of any wreck,
and the wreck is not sold as unclaimed under the Act, detain
the wreck.
(2.) Subject as herein-after mentioned, the receiver shall detain
the vessel and the cargo and apparel, or the wreck (herein-after
referred to as detained property) until payment is made for salvage,
or process is issued for the arrest or detention thereof by some
competent court.
(3.) A receiver may release any detained property if security is
given to his satisfaction or, if the claim for salvage exceeds two
hundred pounds, and any question is raised as to the sufficiency of`
the security, to the satisfaction in England or Ireland of the High
Court, and in Scotland of the Court of Session, including any
division of that court, or the Lord Ordinary officiating on the bills
during vacation.
(4.) Any security given for salvage in pursuance of this section
to an amount exceeding two hundred pounds may be enforced by
such court as aforesaid in the same manner as if bail had been
given in that court.
553.-(1.) The receiver may sell any detained property if the Sale of de-
persons liable to pay the salvage in respect of which the property ttaiTed property
is detained are aware of the detention, in the following cases ;
n4mely,-
(a.) Where the amount is not disputed, and payment of the
amount due is not made within twenty days after the amount
is due, or,
(b.) Where the amount is disputed, but no appeal lies from the
first court to which the dispute is referred, and payment is not
made within twenty days after the decision of the first court, or
(c.) Where the amount is disputed and an appeal lies from the
decision of the first court to some other court, and within
twenty days of the decision of the first court neither payment
of the sum due is made nor proceedings are commenced for
the purpose of appeal.
P 2 227
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 VrcT.]
A.D. 1894. (2.) The proceeds of sale of detained property shall, after
payment of the expenses of the sale, be applied by the receiver in
payment of the expenses, fees, and salvage, and, so far as not
;required for that purpose, shall be paid to the owners of the
property, or any other persons entitled to receive the same.
Agreement as 554.-(1.) Where services for which salvage is claimed are
to salvage. rendered either by the commander or crew or cart of the crew of
any of Her Majesty's ships or of any other ship, and the salvor
voluntarily agrees to abandon his lien upon the ship, cargo, and
property alleged to be salved, then, upon the master entering into
a written agreement attested by two witnesses to abide the decision
of the High Court in England, or of a Vice-Admiralty Court or
Colonial Court of Admiralty, and thereby giving security in that
behalf to an amount agreed on by the parties to the agreement, that
agreement shall bind the ship, and the cargo, and freight respec-
tively, and the respective owners of the ship, cargo, and freight, and
their respective heirs, executors, and administrators, for the salvage
which may be adjudged to be payable in respect of the ship, cargo,
and freight respectively to the extent of the security given.
(2.) Any agreement made under this section may be adjudicated
on and enforced in the same manner as a bond executed under the
provisions of this Part of this Act relating to salvage by Her
Majesty's ships, and on any such agreement being made the salvor
and the master shall respectively make the statements required by
this Part of this Act to be made in the case of the bond, but their
statements need not be made on oath.
(3.) The salvor shall transmit the statements made, as soon as
practicable to the court in which the agreement is to be adjudicated
upon.
Apportionment
of salvage
555.-(1.) Where the aggregate amount of salvage payable in
under 2001. by respect of salvage services rendered in the United Kingdom has
receiver. been finally determined, either summarily in manner provided by
this Act or by agreement, and does not exceed two hundred pounds,
but a dispute arises as to the apportionment thereof among several
claimants, the person liable to pay the amount may apply to the
receiver for liberty to pay the same to him ; and the receiver shall,
if he thinks fit, receive the same accordingly, and shall grant to the
person paying the amount a certificate of the amount paid -and of
the services in respect of which it is paid, and that certificate shall
be a full discharge and indemnity to the person by whom the
money is paid, and to his vessel, cargo, apparel, and effects against
the claims of all persons whomsoever in respect of the services
mentioned in the certificate.
(2.) The receiver shall with all convenient speed distribute any
amount received by him under this section among the persons
entitled to the same on such evidence, and in such shares and
proportions, as he thinks fit, and may retain any money which
appears to him to be payable to any person who is absent.
(3.) A distribution made by a receiver in pursuance of this
section shall be final and conclusive as against all persons claiming
to be entitled to any portion of the amount distributed.
228
57 & 58 Vic1'.] Merchant Shipping Act, 1594. [CH. 60.]
556. Whenever the aggregate amount of salvage payable in A.D. 1894.

respect of salvage service rendered in the United Kingdom has --
been finally ascertained, and exceeds two hundred pounds, and Apportionment
salvage by
whenever the aggregate amount of salvage payable in respect of Admiralty
salvage services rendered elsewhere has been finally ascertained, Courts.
whatever that amount may be, then if any delay or dispute arises
as to the apportionment thereof, any court having Admiralty
jurisdiction may cause the same to be apportioned amongst the
persons entitled thereto in such manner as it thinks just, and may
for that purpose, if it thinks fit, appoint any person to carry that
apportionment into effect, and may compel any person in whose
hands or under whose control the amount may be to distribute the
same, or to bring the same into court to be there dealt with as the
court may direct, and may for the purposes aforesaid issue such
processes as it thinks fit.
Salvage by Her Majesty's Ships.

557.-(1.) Where salvage services are rendered by any ship Salvage by
belonging to Her Majesty or by the commander or crew thereof, Her Majesty's
ships.
no claim shall be allowed for any loss, damage, or risk caused to the
ship or her stores, tackle, or furniture, or for the use of any stores
or other articles belonging to Her Majesty, supplied in order to
effect those services, or for any other expense or loss sustained by
Her Majesty by reason of that service, and no claim for salvage
services by the commander or crew, or part of the crew of any of
Her Majesty's ships shall be finally adjudicated upon, unless the
consent of the Admiralty to the prosecution of that claim is proved.
(2.) Any document purporting to give the consent of the
Admiralty for the purpose of this section, and to be signed by the
Secretary to the Admiralty or on his behalf, shall be evidence of
that consent.
(3.) If a claim is prosecuted and the consent is not proved, the
claim shall stand dismissed with costs.'
558.-(1.) Where services are rendered at any place out of the Salvage by
limits of the United Kingdom or the four seas adjoining thereto by her Majesty's
ony's
the commander or any of the crew of any of Her Majesty's ships,
in saving any vessel or cargo or property belonging to a vessel, the
vessel, cargo, or property, alleged to be saved shall, if the salvor is
justified by the circumstances of the case in detaining it, be taken
to some port where there is a consular officer or a Colonial Court
of Admiralty, or a Vice-Admiralty Court.
(2.) The salvor and the master, or other person in charge of the
vessel, cargo, or property, saved shall within twenty-four hours
after arriving at the port each deliver to the consular officer or
judge of the Colonial Court of Admiralty or Vice-Admiralty Court,
as the case may be, a statement on oath, specifying so far as possible,
and so far as those particulars are applicable, the particulars set out
in the first part of the Nineteenth Schedule to this Act, and also in
the case of the master or other person his willingness to execute a
bond in the form, so far as circumstances-will permit, set out in the
second part of that schedule.
`229
[CH. 60.] Merchant Shippiag Act, 1894. [57 & 58 VICT]
A.D. 1894. 559.-(1.) The bond shall be in such sum as the consular officer
provisions as to
or judge thinks sufficient to answer the ctemana for salvage service,
bond t be but the sum fixed shall not exceed one half of the amount which,
executed. in the opinion of the consular officer or judge, is the value of the
property in respect of which salvage has been rendered.
(2.) Where the vessel, cargo, or property in respect of which
salvage services are rendered is not owned by persons domiciled in
Her Majesty's dominions, the master shall procure such security for
the due performance of the bond as the consular officer or judge
thinks sufficient to be lodged with that officer or judge, or with
that officer or judge and such other persons jointly as the salvor
may appoint.
(3.) The consular officer or judge shall fix the amount of the
bond within four days after the receipt of the statements required
by this Part of this Act, but if either of those statements is not
delivered within the time required by this Part of this Act, he may
proceed ex parte.
(4.) A consular officer may for the purposes of this section take
affidavits.
(5.) Nothing in this section shall authorise the consular officer
or judge to require the cargo of any ship to be unladen.
Execution ,of
bond.
560.-(1.) The consular officer or judge on fixing the sum to be
inserted in the bond shall send notice thereof to the salvor and
master, and on the execution of the bond by the master in the sum
fixed in the presence of the consular officer or judge (who shall
attest the same), and upon delivery thereof to the salvor, and
in cases where security is to be lodged, on that security being
duly lodged, the right of the salvor to detain the vessel, cargo, or
property shall cease.
(2.) The bond shall bind the respective owners of the vessel,
cargo, and freight, and their heirs, executors, and administrators,
for the salvage adjudged to be payable in respect of the vessel,
cargo, and freight respectively.
Enforcement of 561.-(l.) The bond shall be adjudicated on and enforced in the
bond. High Court in England, unless the salvor and master agree at the
time of the execution of the bond that the bond may be adjudicated
on and enforced in any specified Colonial Court of Admiralty or
Vice-Admiralty Court, but that court shall in that case have the
same power and authorities for the purpose as the High Court in
England.
(2.) The High Court in England shall have power to enforce any
bond given in pursuance of this Part of this Act in any Colonial
Court of Admiralty or Vice-Admiralty Court in any part of Her
Majesty's dominions, and any court exercising Admiralty jurisdiction
in. Scotland, Ireland, the Isle of Man, or the Channel. Islands shall
assist that court in enforcing those bonds.
(3.) Where security has been given for the performance of a
bond, the persons with whom the security is lodged shall deal with
the same as the court adjudicating upon the bond direct.
(4.) The consular officer or judge shall at the earliest opportunity
'
transmit the statements and documents delivered to him, and the

notice of the sum fixed in the bond to the High Court in England
230
157 & 58 Vier.) Merchant Shipping Act, 1894. [CH. 60.]
or the Colonial Court of Admiralty or Vice-Admiralty Court in A.D. 16ft
which the bond is to be enforced, as the case may be.
562.-(1.) Nothing contained in this Part of this Act shall Savingsalvage for
prejudice the right of the salvor, where salvage services have been other rights,
rendered by one of Her Majesty's ships, or by the commander or
any of the crew thereof, to proceed for the enforcement of the
salvage claim otherwise than in manner provided by this Act, but
the salvor shall have no right to detain the vessel, cargo, or
property saved, unless he elects to proceed under this Part of
this Act.
(2.) Nothing contained in this Part of this Act shall affect the
right of the salvor, where salvage services have been rendered by
one of Her Majesty's ships or by the commander or any of the
crew thereof, in any case which is not provided for therein.
563. Any bond, statement, agreement, or other document made Exemption
or executed in pursuance of the provisions of this Part of this Act aum Etamp
relating to salvage by Her Majesty's ships shall, if made or executed
out of the United Kingdom, be exempt from stamp duty.
.564. If any person in any proceeding under the provisions of Puuishmentforgery and
for
this Part of this Act relating to salvage by Her Majesty's ships- false represen-
(a) forges, assists: in forging, or procures to be forged, fraudulently rations.
alters, assists in fraudulently altering, or procures to be fraudu-
lently altered, any document ; or
(b) puts off or makes use of any forged or altered document,
knowing the same to be so forged or altered ; or
(c) gives or makes, or assists in giving or making, or procures
to be given or made, any false evidence or representation,
knowing the same to be false,
that person shall for each offence be liable to imprisonment, with
or without hard labour, for any period not exceeding two years,
or, on summary conviction, to imprisonment, with or without hard
labour, for any period not exceeding six months.
Jurisdiction of High Court in Salvage.

565. Subject to the provisions of this Act, the High Court, and Jurisdiction of
in Scotland the Court of Session, shall have jurisdiction to decide High Court in
salvage.
upon all claims whatsoever relating to salvage, whether the services
in respect of which salvage is claimed were performed on the high
.seas or within the body of any county, or partly on the high seas
and partly within the body of any county, and whether the wreck
in respect of which salvage is claimed is found on the sea or on the
land, or partly on the sea and partly on the land.
Appointment of Receivers of Wreck.

566. The Board of Trade shall have the general superintendence Appointment
of receivers of
throughout the United Kingdom of all matters relating to wreck, wreck.
.and may, with the consent of the Treasury, appoint any officer of
customs or of the coastguard, or any officer of inland revenue, or,
where it appears to such Board to be more convenient, any other
231
[Cs. 60:] Merchant Shipping Act, 1894. [57 & 58 Vic'r.]
A.D. 1894. person, to be a receiver of wreck (in this Part of this Act referred
-- to as a receiver), in any district, and to perform the duties of
receiver tinder this Part of this Act, and shall give due notice of the
appointment.
Fees of Receivers of Wreck.

Receivers
fees.
567.--(1.) There shall be paid to every receiver the expenses
properly incurred by him in the performance of his duties, and
also, in respect of the several matters specified in the Twentieth
Schedule to this Act, such fees not exceeding the amounts therein
mentioned as may be directed by the Board of Trade, but a
receiver shall not be entitled to any remuneration other than those
payments.
(2.) The receiver shall, in addition to all other rights and
remedies for the recovery of those expenses or fees, have the
same rights and remedies in respect thereof as a salvor has in
respect of salvage due to him.
(3.) Whenever any dispute arises in any part of the United
Kingdom as to the amount payable to any receiver in respect of
expenses or fees, that dispute shall be determined by the Board of
Trade, and the decision of that Board shall be final.
(4.) All fees received by a receiver in respect of any services
performed by him as receiver shall be carried to and form part of
the Mercantile Marine Fund, but a separate account shall be kept
of those fees, and the moneys arising from them shall be applied in
defraying any expenses duly incurred in carrying into effect this
Act in such manner as the Board of Trade direct.
Remuneration 568.-(1.) Where services are rendered by any officers or men
for services by
coastguard. of the coastguard service in watching or protecting shipwrecked
property, then, unless it can be shown that those services have
been declined by the owner of the property or his agent at the
time they were tendered, or that salvage has been claimed and
awarded for those services, the owner of the property shall pay in
respect of those services remuneration according to a scale to be
fixed by the Board of Trade; and that remuneration shall be
recoverable by the same means, and shall be paid to the same
persons, and accounted for and applied in the same manner as fees
received by receivers under the provisions of this Part of this Act.
(2.) The scale fixed by the Board of Trade shall not exceed the
scale by which remuneration to officers and men of the coastguard
for extra duties in the ordinary service of the Commissioners of
Customs is for the time being regulated.
Duties on Wreck.
Provisions as
to duties, &c.
569.-(1.) All wreck, being foreign goods brought or coming
On wrecked into the United Kingdom or Isle of Man, shall be subject to the
goods. same duties as if the same was imported into the United Kingdom
or Isle of Man respectively, and if any question arises as to the
origin of the goods, they shall be deemed to be the produce of such
country as the Commissioners of Customs may on investigation
determine.
232
(2.) The Commissioners of Customs and Inland Revenue shall A.D. 1894.
permit all goods, wares, and merchandise saved from any ship
stranded or wrecked on her homeward voyage to be forwarded
--
to the port of her original destination, and all goods, wares, and
merchandise saved from any ship stranded or wrecked on her
outward voyage to be returned to the port at which the same
were shipped ; but those Commissioners shall take security for the
due protection of the revenue in respect of those goods.
Supplemental.
570. Any matter or thing which may be done under this Part Powers of
of this Act by or to a justice of the peace, or a court of summary
jurisdiction, may in Scotland be done by or to the sheriff of the scana
county.
571. Nothing in this Part of this Act shall prejudice or affect saving for
any jurisdiction or powers of the Lord Warden or any officers of Cinque ports.
the Cinque ports or of any court of those ports or of any court
having concurrent jurisdiction within the boundaries of these ports,
and disputes as to salvage arising within those boundaries shall be
determined in the manner in which they have been hitherto .
determined.
PART X.
PILOTAGE.
Preliminary.
572. This Part of this Act extends to the United Kingdom Application of
and the Isle of Man only, but applies to all ships British and Part X.
foreign.
573. In this Act the expression " pilotage authority " includes Pilotage
all bodies and persons authorised to appoint or license pilots or to authority.
fix or alter rates of pilotage or to exercise any jurisdiction in
respect of pilotage.
574. Every pilotage authority shall retain all powers and juris- Continuance of
diction which they now lawfully possess, so far as the same are existing
consistent with the provisions of this Act; but no law relating to athonties.
that authority, or to the pilots licensed by them, and no act done
by that authority, shall, if inconsistent with any provision of this
Act, be of any force whatever.
Powers of Board of Trade as to Pilotage Districts and

Authorities.
575.-(1.) The Board of Trade may by provisional order- Constitution of
(a) in any area where there is no pilotage authority, constitute new pilotage
authorities.
new pilotage authorities and districts ; and
(b) extend the limits of any pilotage district by including
therein any area in which there is no pilotage authority.
233
[Ca. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT]
(2.) There shall be no compulsory pilotage and no restriction on

--
A.D. 1894,
the power of duly qualified persons to obtain licences as pilots in
any new pilotage district constituted under this section, or in any
area included in a pilotage district under this section.
Transfer of 576.-(1.) Whenever any pilotage authority residing or having
pilotage
jurisdiction.
their place of business at one port have or exercise jurisdiction in
matters of pilotage in any other port, the Board of Trade may by
provisional order-
(a) transfer so much of the jurisdiction as concerns the last-
mentioned port, either to any harbour authority or other body
exercising any local jurisdiction in maritime matters at that
port, or to any body to be constituted for the purpose by
the provisional order, or (where the said pilotage authority is
not the Trinity House) to the Trinity House ; or
b) transfer the whole or any part of the jurisdiction of the
said pilotage authority to a new body to be constituted for
the purpose by the provisional order, so as to represent the
interests of the several ports concerned.
(2.) For the purpose of any transfer under this section, the
Board of Trade may by provisional order-
(a) incorporate the body to whom the transfer is made if it is
a new body ;
(b) make the body to whom the transfer is made a pilotage
authority, with such powers as may be mentioned in the
provisional order ;
(c) determine the limits of the district of the pilotage authority
to whom the transfer is made ;
(d) sanction a scale of pilotage rates to be taken by the pilots
licensed by that authority ;
(e) determine to what extent and under what conditions any
pilots then already licensed by the pilotage authority from
whom the transfer is made are to continue to act under the
pilotage authority to whom the transfer is made ;
(f) sanction arrangements for the apportionment of any pilotage
funds belonging to the pilots licensed by the pilotage authority
from whom the transfer is made, between the pilots remaining
under the jurisdiction of that authority, and the pilots who are
transferred to the jurisdiction of the authority to whom the
transfer is made ;
(g) provide for such compensation or superannuation as may be
just to officers employed by the pilotage authority from whom
the transfer is made, and not continued by the pilotage
authority to whom the transfer is made.
Direct repre- 577. The Board of Trade may by provisional order make
sentation of provision or further provision for the direct representation of pilots,
pilots,
and, if it seems expedient, also of shi owners on the pilotage
shipowners,
on
authority.
ge
. authority of any district, or if there is a
authority, or any body of commissioners or sub-commissioners
that
committeeof
appointed by that authority, then on that committee or body.
234
157 & 58 VIcT.] Merchant Shipping Act, 1894. [CH. 60.]
578. The Board of Trade may by provisional order exempt the A.D. 1894.
masters and owners of all ships, or of any classes of ships, from
being obliged to employ pilots in any pilotage district or in any
f
omotmn
part of any pilotage district, or from being obliged to pay for pilots pulsory
when not employing them in any district or in any part of any pilotage.
pilotage district, and annex any terms and conditions to those
exemptions.
579.-(1.) Where the pilotage is not compulsory, and there is power of
no restriction on the power of duly qualified persons to obtain Board of Trade
licences as pilots, the Board may by provisional order give any
with respectttos
pilotage authority power to license pilots, and to fix pilotage rates licences, rates,
for their district or any part of their district for which no such &c.
licences or rates for the time being exist, and to raise all or any of
the pilotage rates in force in their district or any part of their
district ; and, where there is also no restriction on the number of
pilots, to give additional facilities for the recovery of pilotage
rates, and for preventing the employment of unqualified pilots.
(2.) The Board of Trade may by provisional order give facilities
for enabling duly qualified persons, after examination as to their
qualifications, to obtain licences as pilots.
580.-(1.) The Board of Trade may make a provisional order Making and
under this Part of this Act on the application in writing of some confirming
provisional
person interested in the pilotage of the district or in the operation orders.
of the laws or regulations relating to that pilotage.
(2.) Notice of the application having been made shall be
published once at least in each of two successive weeks in the
month immediately succeeding the date of the application in the
Shipping Gazette, and in some newspaper or newspapers circu-
lating in the county, or, if there are more than one county, in the
counties adjacent to the pilotage district to which the application
relates.
(3.) The notice shall state the objects which it is proposed to
effect by the provisional order.
(4.) The Board of Trade on receiving the application shall refer
the same to the pilotage authority or authorities of the.district,
and shall receive and consider any objections which may be made
to the proposed provisional order, and shall for that purpose allow
at least six weeks to elapse between the date on which the appli-
cation is referred to the pilotage authority and that on which the
provisional order is made.
(5.) The Board of Trade shall, after considering all objections,
determine whether to proceed with the provisional order or not ;
.and shall, if they determine to proceed with the order, settle the
order in such manner and with such terms and conditions, not
being inconsistent with the provisions of this Act, as they may
think fit ; and shall, when they have settled the order, forward
copies thereof to the persons making the application and to the
pilotage authority of any district to which it refers.
(6.) A provisional order under this Part of this Act shall not
take effect unless and until it is confirmed by Parliament ; and for
the purpose of that confirmation the Board of Trade shall introduce
into Parliament a public general Bill in which, or in the schedule
235
[CE. 60.] Merchant Shipping Act, 1894. [57 & 58 Vie'r.]
A.D. 1894. to which, the provisional order or provisional orders to be thereby

confirmed shall be set out at length.
(7.) If any petition is presented to either House of Parliament
against any such provisional order in the progress through Parlia-
ment of the Bill confirming the same, so much of the Bill as relates
to the order petitioned against may be referred to a select com-
mittee, and the petitioner shall in that case be allowed to appear
and oppose as in the case of private Bills.
Byelaws by Pilotage Authorities.

Power of 581. Every pilotage authority may, by byelaw made under this
pilotage Part of this Act, exempt the masters of any ships or of any classes
authorities as
to exemptions of ships from being compelled to employ qualified pilots, and annex
from com- any terms and conditions to those exemptions, and revise or extend
pulsory any such exemptions or any exemptions existing by virtue of any
pilotage.
Act of Parliament, law, charter, or usage, upon such terms and
conditions and in such manner as may appear desirable to the
authority.
Power of 582. Subject to the provisions of this Part of this Act, a pilotage
pilotage authority may by byelaw made under this Part of this Act-
authorities to (1) determine the qualification in respect of age, time of service,
make byelaws.
skill, character, and otherwise, to be required from persons
applying to be licensed as pilots :
(2) make regulations respecting the approval and licensing of
pilot boats in their district :
(3) provide for the establishment and regulation of companies
for the support of those pilot boats and for a participation of
profits therein :
(4) fix the terms and conditions of granting licences to pilots
and apprentices and pilotage certificates for masters and
mates :
(5) make regulations for the government of the pilots and
apprentices licensed by them, and of masters and mates
holding pilotage certificates granted by them, and for ensuring
their good conduct and constant attendance to, and effectual
performance of, their duty whether at sea or on shore, and
provide for the punishment of any breach of those regulations
by the withdrawal or suspension of the licence or certificate
of the person guilty of that breach, or by the infliction of
fines not exceeding twenty pounds to be recoverable as fines
are recoverable under this Act :
(6) fix the rates and prices or other remuneration to be
demanded and received for the time being by the pilots
licensed by them, and alter the mode of remuneration of
those pilots in such manner as they think fit, so, however,
that no higher rates or prices are demanded or received in
the case of the Trinity House than those set out in the table
contained in the Twenty-first Schedule to this Act, and in the
case of any other pilotage authority ,than those which might
have been lawfully fixed or demanded by that authority under
any Act, charter, or custom in force immediately before the
236
[57 & 58 VICT.] Merchant Shipping Act, 1894. [CE. 60.]
first day of May in the year one thousand eight hundred and A.D. 1894.
fifty-five :
(7) make such arrangements with any other pilotage authority
for altering the limits of their respective districts, and for
extending the powers of that other authority or the privileges
of the pilots licensed by that other authority or any of them
to all or any part of its own district, or for limiting its own
powers or the privileges of its own pilots or any of them, or
for sharing the said last-mentioned powers and privileges with
that other authority and the pilots licensed by it, or for
delegating or surrendering those powers and privileges or any
of them to any other pilotage authority already constituted or
to be constituted by agreement between those authorities, and
to the pilots licensed by it, as may appear to those pilotage
authorities to be desirable for the purpose of facilitating
navigation or of reducing charges on shipping :
(8) establish, either alone or in conjunction with any other
pilotage authority or authorities, funds for the relief of
superannuated or infirm qualified pilots, or of their wives,
widows, or children ; and make any new regulations with
respect to any funds for the time being applicable to those
purposes or any of them, with power to determine the amount,
manner, time, and persons (those persons to be in the service
of the pilotage authority) to and in which and by and upon
whom the contributions in support of those existing or future
funds may be made or levied, and declare what persons or
class of persons (the person or class of persons being limited
to the men in the service of the pilotage authority,
their wives, widows, or children) are entitled to participate
in the benefits of any existing or future funds, and the terms
and conditions upon which, if entitled, they are to be so
entitled :
(9) require masters and mates who hold pilotage certificates
granted by them or by the Board of Trade under this Part of
this Act to contribute towards the pilotage fund of the district,
and to make a periodical return to them of the pilotage
services rendered by them ; provided that the contribution so
required from a master or mate shall not exceed such propor.
tion of the pilotage dues which would have been payable in
respect of his ship if he had not held a pilotage certificate, as
may be fixed by the Board of Trade :
(10) provide for the granting by them of special licences
qualifying the persons to whom those licences are granted to
act as pilots for any part of the sea or channels beyond the
limits of their pilotage district, so however that no pilot so
licensed be entitled to supersede an unlicensed pilot outside the
district of the authority by which he is licensed.
583.-(1.) A byelaw under this Part of this Act shall not take Confirmation
effect until it is submitted to Her Majesty in Council and confirmed of byelaws.
by Order in Council.
287
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 Via.]
A.D. 1894. (2.) Any byelaw proposed to be made under this Part of this
Act shall, before it is submitted for confirmation, be published in
such manner as the Board of Trade direct.
Appeal against 584. If at any port either-
byelaws or (a) the majority of the qualified pilots belonging to the port
regulations not
made under or,
this Act. (b) the local marine board ; or,
(c) where there is no local marine board, any number of
persons not less than six, being masters, owners, or insurers of
ships,
consider themselves aggrieved by any regulation or byelaw of a
pilotage authority in force before the first day of May, one
thousand eight hundred and fifty-five, or made under any power
other than a power contained in this Act or in any Act repealed by
this Act, or by a defect or omission in any such regulation or bye-
law, they may appeal to the Board of Trade, and the Board may
thereupon by order revoke, alter, or make additions to that regula-
tion or byelaw, in such manner as, having regard to the interests of
the persons concerned, appears to them to be just and expedient,
and any order so made shall be conclusive as to the matter in
respect of which it is made.
Returns by Pilotage Authorities.

Returns by 585.-(1.) Every pilotage authority shall deliver periodically to,
pilotage the Board of Trade, in the form and at the time required by that
authorities to
Board, returns of the following particulars with regard to pilotage
Board of
Trade. within their district:-
(a.) All byelaws or other regulations whether made under this
Act or not relating to pilots or pilotage for the time being in
force :
(b.) The names and ages of all pilots or apprentices licensed or
authorised to act by the authority making the return, and of
all pilots or apprentices acting either directly or indirectly
under that authority, whether so licensed or authorised or
not :
(c.) The service for which each pilot or apprentice is licensed :
(d.) The rates of pilotage for the time being in force, including
therein the rates and descriptions of all charges upon shipping
made for or in respect of pilots or pilotage:
(e.) The total amount received for pilotage, distinguishing the

several amounts received from British ships and from foreign
ships respectively, and the several amounts received in respect
of different classes of ships paying different rates of pilotage,
according to the scale of those rates for the time being in
force, and the several amounts received for the several classes
of service rendered by pilots ; and also the amount paid by
such ships (if any) as have, before reaching the outer limits of
pilotage water if outward bound, or their port of destination if
inward bound, to take or pay for two or more pilots, whether
licensed by the same or by different pilotage authorities
together with the numbers of the ships of each of the several'
classes paying such several amounts as aforesaid :
238
[57 & 58 VICT] Merchant Shipping Act, 1894. [CH.,60.1
(f.) The receipt and expenditure of all moneys received by or on A.D. 1894,
behalf of the authority making the return, or by or on behalf
of any sub-commissioners appointed by them, in respect of
pilots or pilotage
(g.) The receipts and'expenditure, under separate accounts, in
respect of any pension or superannuation funds administered
by or under the control of the authority making the return.
(2.) Every pilotage authority shall allow the Board of Trade, or
any person appointed by the Board of Trade for the purpose, to,
inspect any books or documents in the possession of that authority
relating to any matter in respect of which a return is required
under this section.
(3.) The Board shall cause any returns made to them under this.
section, to be laid before both Houses of Parliament without delay.
(4.) If any pilotage authority (other than the Trinity House, or'
sub-commissioners of pilotage appointed by them under this Part
of this Act) fail, without reasonable cause, to deliver to the Board
of Trade any return required under this section within one year
after the time fixed by the Board of Trade for the purpose; or fail
without reasonable cause to comply with the requirements of this.
section with regard to the inspection of books and documents, Her
Majesty may, by Order in Council, direct that all the rights and
powers of that authority in respect of pilotage shall cease or be
suspended during such time as Her Majesty directs, and thereupon
the Trinity House shall thereafter, or during the time for which
the suspension continues, have the same powers of appointing
sub,commissioners of pilotage, and of licensing pilots, and of
establishing and altering rates of pilotage within the district of
the authority making default, as the Trinity House are by this
Act authprised to exercise in a district within which no particular
provision for the appointment of pilots is made by any Act of
Parliament or charter, and shall also during that time have the
sane rights, title, and powers to and in respect of any pilotage
funds or other pilotage property which the pilotage authority
making default would or might have had if the rights and powers
of that authority had not ceased or been suspended.
Licensing of Pilots.
586.-(1.) A pilot shall be deemed a qualified pilot for the Registration of
purposes of this Act, if duly licensed by any pilotage authority pilot licences.
to conduct ships to which he does not belong.
(2.) Every qualified pilot, on his appointment, shall receive 'a'
licence containing his name and usual place of abode, a description
of his person, and a specification of the limits within which he is
qualified to act.
(3.) The chief officer of customs at the place at or nearest to
which any qualified pilot resides shall, on his request, register his
licence, and a"qualified pilot shall not be entitled to act as such,
until his licence is so registered.
(4.) Every qualified pilot acting beyond the limits for which he
is qualified by his licence shall be considered an unqualified pilot,
239
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 VtcT.]
A.L. 1894. 587. Every qualified pilot shall, on receiving his licence, be
furnished with a copy of this Part of this Act, and with a copy of
Copies of the rates, byelaws, and regulations established within the district
pilotage
provisions to for which he is licensed ; and he shall produce those copies to the
be furnished to master of any ship, or other person employing him, when required
pilot. to do so, and if he fails without reasonable cause to do so, shall be
Licensed pilot 588.-(l.) Every qualified pilot when acting in that capacity
to produce
licence to
shall be provided with his licence and shall produce the same to
employer. every person by whom he is employed or to whom he offers his
services as pilot.
(2.) If a qualified pilot refuses, on the request of any such
person, to produce his licence, he shall -for each offence be liable to
a fine not exceeding ten pounds, and shall be subject to suspension
or dismissal by the pilotage authority by whom he is licensed.
Production and 589.-(1.) Every qualified pilot, when required to do so by the
return of
licence to pilotage authority by whom he is licensed, shall produce or deliver
pilotage up his licence to that authority.
authority. (2.) On the death of any qualified pilot, the person into whose
hands his licence comes shall without delay transmit it to the
pilotage authority who licensed the deceased pilot.
(3.) If any pilot or other person fails to comply with the require-
ments of this section, he shall for each offence be liable to a fine
Penalty on 590. If an unqualified pilot for the purpose of making himself
fraudulent use appear to be a qualified pilot uses a licence which he is not entitled
of licence.
to use, he shall for each offence be liable to a fine not exceeding
fifty pounds.
of Pilotage Dues and other Rights of Pilots.

Recovery
Recovery of
pilotage dues.
591.-(1.) The following persons shall be liable to pay pilotage
dues for any ship for which the services of a qualified pilot are
obtained ; namely,-
(a.) The owner or master :
(b.) As to pilotage inwards, such consignees or agents as have
paid or made themselves liable to pay any other charge on
account of the ship in the port of her arrival or discharge :
(c.) As to pilotage outwards, such consignees or agents as have
paid or made themselves liable to pay any other charge on
account of the ship in the port from which she clears out;
and those dues may be recovered in the same manner as fines of
like amount under this Act, but that recovery shall not -take place
until a previous demand has been made in writing.
o (2.) Any consignee or agent (not being the owner or master of
the ship) who is hereby made liable for the payment of pilotage
dues in respect of any ship may, out of any moneys received by
him on account of that ship or belonging' to the owner thereof,
retain the amount of all dues paid by him, together with any
reasonable expenses he may have incurred by reason of the
payment of the dues or his liability to pay the dues.
240
157 & 58 Vier.] Merchant Shipping Act, 1894. [CH. 60.]
shall not offer or pay to any pilot, any other rate in respect of
pilotage services, whether greater or less, than the rate which may Receiving
-r
592. A qualified pilot shall not demand or receive, and a master A.D. 1894.
be demanded by law, and, if it pilot or master acts in contravention proper rates of

of this enactment, he shall for each offence be liable to a fine not pilotage.
593. If any boat or ship having on board a qualified pilot leads Pilotage rate
any ship which has not a qualified pilot on board when the last- for leading
mentioned ship cannot from particular circumstances be boarded, ships'
the pilot so leading the last-mentioned ship shall be entitled to the
full pilotage rate for the distance run as if he had actually been on
board and had charge of that ship.
594.-(1.) A pilot, except under circumstances of unavoidable Allowance to
necessity, shall not, without his consent, be taken to sea or beyond licensed
the limits for which he is licensed in any ship whatever, and if district.ip ioo his
he is so taken under circumstances of unavoidable necessity, or

without his consent, shall be entitled, over and above his pilotage
dues, to the sum of ten shillings and sixpence a day.
(2.) The sum so to be paid shall be computed from and inclusive
of the day on which the ship passes the limit up to which the pilot
was engaged to pilot her, and up to and inclusive of either the day
of his being returned in the said ship to the place where he was
taken on board, or, if he is discharged from the ship at a distance
from that place, such day as will allow him sufficient time to
return thereto ; and in the last-mentioned case he shall be entitled
to his reasonable travelling expenses.
595.-(1.) The master of a ship, on being requested by any Penalty on
qualified pilot having the charge of his ship, shall declare her making a false
declaration to
draught of water. pilot as'to
(2.) If a master refuses so to declare the draught of water, or draught of
himself makes, or is privy to any other person making, a false ship.
declaration to the pilot in relation thereto, he shall for each offence
be liable to a fine not exceeding double the amount of pilotage -dues
which would have been payable to that pilot.
(3.) If the master of a ship, or any other person interested in the
ship, makes, or is privy to the making of, any fraudulent alteration
in the marks on the stem or stern post of the ship denoting the
draught of water, he shall for each offence be liable to a fine not
exceeding five hundred pounds.
596. An unqualified pilot may, within any pilotage district, Occasions on
without subjecting himself or his employer to any penalty, take which fi pilots
charge of a ship as pilot- may act.
(a) when no qualified pilot has offered to take charge of that
ship, or made a signal for that purpose :
(b) when a ship is in distress, or under circumstances making it
necessary for the master to avail himself of the pest assistance
which can be found at the time : or
(c) for the purpose of changing the moorings of any ship in
port, or of taking her into or out of any dock, in cases where
the act can be done by an unqualified pilot without infringing
the regulations of the port, or any orders which the harbour
master is legally empowered to give.
Q 241
[CA. 60.] Merchant Shipping Act, 1894. [57 & 58 V ICT.J
A.D. 1894. 597. A qualified pilot may supersede an unqualified pilot, but
the master shall pay to the unqualified pilot a proportionate sum.
Power of
qualified to
for his services, and deduct that sum from the charge of the
supersede un qualified
q pilot; and in case of dispute the pilota ga authority by
Y
qualified pilot. whom the qualified pilot is licensed shall determine the proportionate
sums to which each party is entitled.
Penalties as to 598.-(1.) If an unqualified pilot, whether within a district in
ua
employmentt of
pilot.
which pilotage is compulsory or outside such a district, assumes or
continues in the charge of a ship after a qualified pilot has offered
to take charge of the ship he shall for each offence be liable to a.
fine not exceeding fifty pounds.
(2.) If a master of a ship whether navigating within a district in
which pilotage is compulsory or outside such a district, knowingly
employs or continues to employ an unqualified pilot after a qualified
pilot has offered to take charge of the ship or has made a signal for-
that purpose, he shall for each offence be liable to a fine of double
the amount of pilotage which could be demanded for the conduct
of the ship.
Pilotage Certificates for Masters and Mates.

Grant of 599.-(1.) A pilotage authority may, if they think fit, on the-
pilotage cer- application of the master or mate of any ship, and on payment by
tificates to
masters and him of the usual expenses, examine him as to his capacity to pilot
mates. the ship of which he is master or mate, or any one or more ships,
belonging to the same owner as that ship, within any part of the
district of the pilotage authority.
(2.). A pilotage authority, if on examination they find that any
master or mate is competent, shall grant him a certificate (in this.
Act referred to as a pilotage certificate), specifying-
(a) the name of the person to whom it is granted :
(b) the ship or ships in respect of which it is granted :
(c) the limits within which the master or mate is entitled too
pilot the ship or ships : and
(d) the date on which it is granted.
(3.) The person to whom a pilotage certificate is granted shall,
while he is acting as master or mate of any of the ships specified
in the certificate, be entitled to pilot that ship within the limits.
specified in the certificate, without incurring any penalty for not,
employing a qualified pilot.
(4.) A pilotage certificate so granted shall not be in force for
more than the period of one year from its date, but may be renewed
from year to year by an endorsement under the hand of the
secretary or other proper officer of the pilotage authority who have,
granted the certificate.
Appeal by
master or mate
600.-(1.) If it appears to the Board of Trade upon complaint
to Board of made to them-
Trade. (a) that a pilotage authority have without reasonable cause
refused or neglected to examine a master or mate who has
applied to them for the purpose ; or
242
[57 & 58 VicT] Merchant Shipping Act, 1894. [CH. 60.1
(b) that a pilotage authority have without reasonable cause A.D. 1894.
refused or neglected to grant a pilotage certificate after ---
examination ; or
(c) that an examination of a master or mate has been unfairly
or improperly conducted ; or
(d) that a pilotage authority have imposed unfair or improper
terms or conditions on the granting of a certificate ; or
(e) that a pilotage certficate has been improperly withdrawn
from the holder thereof,
the Board of Trade, if the circumstances of the. case appear to them
to require it, may appoint persons to examine the master or mate,
and, if he is found competent, grant him a pilotage certificate upon
such terms and conditions as they think fit.
(2.) The pilotage certificate so granted shall contain the same
particulars, be of the same effect, and be in force for the same
period as a certificate granted by a pilotage authority, and may be
renewed either by the pilotage authority of the district, or if the
Board of Trade think fit by that Board, and the renewal, if it is
granted by the Board of Trade, shall be endorsed on the certificate
by some person appointed by the Board of Trade for the purpose,
and, if it is granted by a pilotage authority, shall be endorsed on
the certificate in the same manner as in the case of certificates
of pilotage originally granted by them.
601. The Board of Trade or a pilotage authority, as the case withdrawal of
may be, may respectively withdraw any pilotage certificate granted certificate. j
by them if it appear to them that the holder thereof has been
guilty of misconduct or has shown himself incompetent to pilot his
ship, and a certificate so withdrawn shall cease to be of effect.
602.-(1.) Masters and mates shall pay such fees upon the Fees for
granting and renewal of pilotage certificates as- pilotage cer-
tificates.
(a) in the case of certificates granted or renewed by a pilotage
authority may be fixed by that authority with the consent of
the Board of Trade :
(b) in the case of certificates granted or renewed by the Board of
Trade may be fixed by that Board, provided that they are not
less than the fees paid by qualified pilots in the same district
in respect of the granting and renewal of licenses.
(2.) The fees so received by a pilotage authority in respect of
certificates shall be applicable to the expenses of and incidental to
the examinations for the certificates and to the payment of such
charges in connexion with the preparation and renewal thereof as
may be approved by the Board of Trade, and the surplus (if any)
shall be applied for the benefit of the Pilots Superannuation Fund
of the port or district (if any), or otherwise for the benefit of the
qualified pilots of the port or district to which the certificates apply
in such manner as the pilotage authority may think fit.
(3.) The fees received by the Board of Trade in respect of pilotage
certificates shall be applicable to the expense of the examinations
for those certificates, and the surplus (if any) shall be applied for
the benefit of the qualified pilots of the port or district to which
the certificates apply in such manner as the Board thinks fit.
Q 2 243
[CH. 60,] Merchant Shipping Act, 1894. [57 & 58 VicT.]
A.D. 1894. Comptclsory Pilotage.
Compulsory 603.-( 1.) Subject to any alteration to be made by the Board of

pilotage. Trade or by any pilotage authority in pursuance of the powers
herein-before contained, the employment of pilots shall continue to
be compulsory in all districts where it was compulsory immediately
before the commencement of this Act, but all exemptions from that
compulsory pilotage shall continue to be in force.
(2.) If, within a district where pilotage is compulsory, the
master of an unexempted ship after a qualified pilot has offered
to take charge of the ship, or has made a signal for the purpose,
pilots his ship himself without holding the necessary certificate, he
shall be liable for each offence to a fine of double the amount of the
pilotage dues that could be demanded for the conduct of the ship.
Home trade
passenger
604.-(1.) The master of every ship carrying passengers between
ships to
any place in the British Islands, and any other place so situate,
-carry pilots. shall, while navigating within the limits of any district for which
pilots are licensed under this or any other Act, employ a qualified
pilot, unless he or the mate of his ship holds a pilotage certificate or
a certificate granted under this section applying to the district, and,
if he fails to do so, shall for each offence be liable to a fine not
(2.) The Board of Trade on the application of the master or mate
of any such ship as aforesaid, and on being satisfied, by examination
or otherwise, as the Board may deem expedient, of the competency
of that master or mate, may grant him a certificate authorising
him to pilot any ship or ships belonging to the same owner and
not being of greater draught of water than that stated in the
certificate within the limits aforesaid, and any master or mate to
whom the certificate is granted shall be entitled to conduct any
such ship as is specified in the certificate within the limit3 specified
in the certificate.
(3.) The certificate shall remain in force for such time as the
Board of Trade may direct and may be endorsed on any certificate
of competency obtained under the Second Part of this Act.
(4.) A master or mate shall on the application for a certificate
under this section, or for a renewal thereof, pay to the Board of
Trade, or as the Board directs, such fees not exceeding those pay-
able under the Second Part of this Act on an examination for a
master's certificate of competency as the Board of Trade. may
direct, and those fees shall be applied as the fees payable on that
examination.
Exemption
from compul-
605.-(1.) The master and owner of any ship passing through
sory pilotage. any pilotage disti iet in the United Kingdom on a voyage between
two places both situate out of that district, shall be exempted from
any obligation to employ a pilot in that district or to pay pilotage
rates when not employing a pilot within that district.
(2.) The exemption under this section shall not apply to ships
loading or discharging at any place situate within the district or
at any place situate above the district on the same river or its
tributaries.
244
[57 & 58 Vim.] Merchant Shipping Act, 1894. [CH. 60.]
0fences, and suspension and dismissal, of Pilots. A.D. 1894.
606.-(1.) If a qualified pilot, either within or without the
district for which he is licensed,- offences of
pilots.
(a) himself keeps, or is interested in keeping by any agent,
servant, or other person, any public-house or place of public
entertainment, or sells or is interested in selling any wine,
spirituous liquors, tobacco, or tea ;
(b) commits any fraud or offence against the revenues of customs,
or against the excise or the laws relating thereto ;
(c) is in any way directly or indirectly concerned in any corrupt
practices relating to ships, their tackle, furniture, cargoes,
crews, or passengers, or to persons in distress at sea or by
shipwreck, or to their moneys, goods, or chattels ;
(d) lends his licence ;
(e) acts as pilot whilst suspended ;
(f) acts as pilot when in a state of intoxication ;
(g) employs or causes to be employed on board any ship of
which he has charge any boat, anchor, cable, or other store,
matter, or thing, beyond what is necessary for the service of
that ship, with intent to enhance the expenses of pilotage for
his own gain or for the gain of any other person ;
(h) refuses or wilfully delays, when not prevented by illness or
other reasonable cause, to take charge of any ship within the
limits of his licence, upon the signal for a pilot being made by
that ship, or upon being required to do so by the master,
owner, agent, or consignee thereof, or by any officer of the
pilotage authority by whom the pilot is licensed, or by any
chief officer of customs ;
(i) unnecessarily cuts or slips or causes to be cut or slipped any
cable belonging to any ship ;
(1c) refuses, when requested by the master, to conduct the ship
of which he has charge into any port or place into which he is
qualified to conduct the same, except on reasonable ground of
danger to the ship ; or
(1) quits the ship of which he has charge without the consent
of the master, before the service for which he was hired has
been performed,
that pilot shall for each offence, in addition to any liability for
damages, be liable to a fine not exceeding one hundred pounds.
(2.) If any person procures, aids, abets, or connives at the
commission of any offence under this section, he shall, in addition
to any liability for damages, be liable to a fine not exceeding one
hundred pounds.
(3.) If a qualified pilot commits an offence under this section,
or procures, aids, abets, or connives at the commission of any such
offence, he shall in addition to his liability to a fine, be liable to sus-
pension or dismissal by the pilotage authority by whom he is licensed.
607. If any pilot, when in charge of a ship, by wilful breach of Penalty on
duty or by neglect of duty, or by reason of drunkenness, either- ing pilot endanger.
ship, life,
(a) does any act tending to the immediate loss, destruction, or or limb.
serious damage, of the ship, or tending immediately to endanger
the life or limb of any person on board the ship ; or
245
[OH. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT.]
A.D. 1894. (b) refuses or omits to do any lawful act proper and requisite
to be done by him for preserving the ship from loss, destruc-
tion, or serious damage, or for preserving any person belonging
to or on board the ship from danger to life or limb,
that pilot shall in respect of each offence be guilty of a misdemeanor,
and, if a qualified pilot, shall also be liable to suspension or dismissal
by the pilotage authority by whom he is licensed.
Penalty on
pilot nof3aing
608. If any person by wilful misrepresentation of circumstances
upon which the safety of a ship may depend obtains, or endeavours
ship by mis- to obtain, the charge of that ship, that person and every person
representation. procuring, abetting, or conniving at the commission of the offence
shall, in addition to any liability for damages, be liable for each
offence to a fine not exceeding one hundred pounds, and, if a
qualified pilot, also to suspension or dismissal by the pilotage
authority by whom he is licensed.
Powers of 609. Where provision has been made in pursuance of this Part
it tcom-
mittee to of this Act for the representation of pilots the pilotage committee,
on
suspend or or commissioners, or sub-commissioners for any pilotage district,
dismiss pilot. the committee, commissioners, or sub-commissioners shall have the
like power to suspend or dismiss, or to suspend or revoke the
licence of, any pilot licensed for that district who is guilty of an
offence under this Part of this Act as the pilotage authority have.
Appeals from 610.-(1.) If a pilot is aggrieved by the decision of a pilotage
suspension or
dismissal. authority or a pilotage committee, or'of any commissioners or sub-
commissioners for a pilotage district, with respect to his suspension
or dismissal, or the suspension or revocation of his licence, or the
imposition of a fine which exceeds two pounds, or the application
of any pilotage fund to which he has contributed prejudicing his
rights in respect of the fund, he may appeal therefrom either to a
judge of county courts having jurisdiction within the port for
which the pilot is licensed, or to a metropolitan police magistrate
or stipendiary magistrate having jurisdiction within that port.
(2.) For the purpose of hearing the appeal, the judge or
magistrate shall sit with on assessor of nautical and pilotage
experience.
(3.) The assessor shall be selected and summoned by the judge
or magistrate, but if the appellant is a pilot licensed by the Trinity
House for any district on the coast of England or Wales, the
assessor shall be selected from the Brethren of the Trinity House.
(4.) Objection may be taken to any person proposed to be
summoned as an assessor, either personally or in respect of his
qualification, and by either party to the appeal.
(5.) The judge or magistrate may either confirm or reverse the
decision appealed against, or modify the same by increasing or
decreasing any penalty or otherwise, as may seem just, and his
decision shall be final.
(6.) The costs incurred by a pilotage authority under this section
shall be payable out of any fund applicable to the general expenses
of the pilotage authority.
246
157 & -58 Vicr.] Merchant Shipping Act, 1894. [CH. 60.]
(7.) Rules with respect to the procedure under this section A.D. 1894.
(including costs and the remuneration of assessors) may be made,
as respects county court judges, by the authority having power to
make rules of practice under the County Courts Act, 1888, and 51 & 52 Viet.
as respects metropolitan police and stipendiary magistrates by a c. 43.
Secretary of State, but in either case with the concurrence of the
Treasury as to fees.
(8.) In Scotland the appeal under this section shall be to the
sheriff having jurisdiction at the port where the decision is given,
and may be heard by the sheriff sitting with an assessor as provided
in this section, and rules may be made by the court of session by
Acts of sederunt with respect to the procedure in case of those
.appeals in Scotland (including costs and the remuneration of
assessors) subject to the concurrence of the Treasury as to fees.
(9.) In the application of this section to Ireland-
(a.) The expressions "judge of county courts " and "judge " shall
respectively mean a county court judge and chairman of
quarter sessions, and include recorder ;
{b.) The expressions " stipendiary magistrate " and " magistrate "
shall respectively mean a magistrate appointed under the 6 & 7 will. 4.
Constabulary (Ireland) Act, 1836. c. 13.
(c.) Rules with respect to the procedure in case of appeals under
this section (including costs and the remuneration of assessors)
may from time to time be made, as respects county court
and chairmen of quarter sessions, by the authority
having power to make rules and orders for regulating the
practice under the County Officers and Courts (Ireland) Act, 40 & 41 Viet.
1877, and as respects stipendiary magistrates, by the Lord C. 56.
Lieutenant of Ireland in Council, but in either case with the
-concurrence of the Treasury as to fees.
Pilot Boats and Pilot Signals.

011. All boats and ships regularly employed in the pilotage Approval of
service of any district (in this Part of this Act referred to as pilot pilot boats.
boats) shall be approved and licensed by the pilotage authority of
the district, and that authority may, at their discretion, appoint
and remove the masters of those pilot boats..,
612.-(1.) Every pilot boat shall be distinguished by the Characteristics
.following characteristics ; namely,- of pilot boats.
(a.) On her stern the name of her owner and the port to which
she belongs, painted in white letters at least one inch broad
.and three inches long, and on each bow the number of her
licence.
!(b.) In all other parts a black colour painted or tarred outside,
or such other colour or colours as the pilotage authority of
the district, with the consent of the Board of Trade, direct.
(c.) When afloat a flag (in this Act called a pilot-flag) of large
dimensions compared with the ' size" of the pilot' boat, and of
two colours, the upper horizontal half 'white,'-and the lower
horizontal half red, to be placed at the mast head, or on a
:.sprit or staff, or in some equally conspicuous situation.
247
[CH. 60.], Merchant Shipping Act, 1894. [57 & 58 VICT.]
(2.) It shall be the duty of the master of the pilot boat to see
--
A.D. 1894.
that the pilot boat possesses all the above characteristics, and that
the pilot flag is kept clean and distinct, so as to be easily discerned
at a reasonable distance ; and also that the names and numbers
aforesaid are not at any time concealed ; and if a master fails
without reasonable cause to comply with the requirements of this
twenty pounds.
Display of
pilot flag, `
613.-(l.) When a qualified pilot is carried off in a vessel not
when pilot is in the P ilotane
o service, he shall exhibit a pilot flagg in order to
on board show that the vessel has a qualified pilot on board ; and if he fails,
vessel. without reasonable cause, to do so, lie shall for each offence be
(2.) Where the master or mate of a ship holds a pilotage certifi-
cate, a pilot flag shall be displayed on board the ship while that
master or mate is on board and the ship is within a pilotage
district in which pilotage is compulsory, and if default is made in
complying with the enactment, the master of the ship shall for
each offence be liable to a fine not exceeding twenty pounds.
Penalty on 614. A pilot flag or a flag so nearly resembling a pilot flag as
ung boat
to be likely to deceive shall not be displayed on any ship or boat
pilot flag. not having a licensed pilot or a master or mate holding a pilotage
certificate on board, and if on any such ship or boat any such flag
is displayed, the owner or master of that vessel shall, unless in the
case of the display of a flag likely to deceive he proves that he
had no intention to deceive, be liable for each offence to a fine not
Signals to be
displayed by
615.-(1.) Her Majesty may by Order in Council make rules as
ships requiring to the signals to be used or displayed where the services of a pilot
a pilot. are required on any vessel, and those signals are in this Act
referred to as pilot signals.
(2.) If a vessel requires the services of a pilot, the master of
that vessel shall use or display the pilot signals. `
(3.) If a master of a vessel uses or displays, or causes or permits
any person under his authority to use or display, any of the pilot
signals for any other purpose than that of summoning a pilot, or
uses or causes or permits any person under his authority to use
any other signal for a pilot, he shall for each offence be liable to a
Trinity House.
Power of 616. The Trinity House may, in the exercise of the general
Trinity House powers given to pilotage authorities under this Part of this Act,
regale-
alter such of the provisions herein-after contained in this Part of
this Act as are expressed to be subject to alteration by them in
the same manner and to the same extent as they might have been
altered if these provisions had been contained in any previous Act
of Parliament instead of this Act.
248
Sub-Commissioners (Trinity House). A.D. 1894.
617.-(1.) The Trinity House shall continue to appoint sub- Power of
commissioners (not being more than five nor fewer than three) for Trinity House
the examination of pilots in all districts in which the Trinity House co missionss.
have before the commencement of this Act been used to make
those appointments, and may, with the consent of Her Majesty in
Council, but not otherwise, appoint like sub-commissioners of any
other district in which no particular provision is made by any Act
of Parliament or charter for the appointment of pilots.
(2.) A pilotage district which is at the commencement of this
Act under the authority of any sub-commissioners appointed by
the Trinity House shall not be extended, except with the consent
of Her Majesty in Council, and sub-commissioners appointed by
the Trinity House shall not be deemed to be pilotage authorities
within the meaning of this Act.
Licensing of Pilots by Trinity House.

618.-(1.) The Trinity House shall continue, after due exami- Licensing of
nation by them or their sub-commissioners, to appoint and license, pil?t byHouseit!
under their common seal, pilots for the purpose of conducting ships within certain
within the following limits or in any area within those limits ; limits.
namely,-
(i.) The London district, consisting of the waters of the Thames
and Medway as high as London Bridge and Rochester Bridge
respectively, and also the sea and channels leading thereto or
therefrom as far as Orfordness to the north, and Dungeness
to the south.
(ii.) The English Channel district, consisting of the seas between
Dungeness and the Isle of Wight.
(iii.) The Trinity House outport districts, comprising any
pilotage district for the appointment of pilots within which
no particular provision is made by any Act of Parliament or
charter.
(2.) The Trinity House shall not license a pilot to conduct ships
both above and below Gravesend.
619. Subject to any alteration to be made by the Trinity House, Regulations as
the following provisions shall apply to the licensing of pilots by
them :- iicenots
(i.) The names of all pilots licensed by the Trinity House shall
be published by them-
(a) by fixing at their house in London a notice specifying
the name and usual place of abode of every pilot so
licensed, and the limits within which he is licensed to
act ; and
(b) by transmitting copies of that notice to the Commis-
sioners of Customs in London, and to the chief officers
of customs at all ports or places within the limits for
which the pilot is licensed ; and those copies shall be
posted up at the Custom House in London, and at the
custom house at those ports or places.
249
A.D. 1894. (ii.) Every Trinity House pilot shall, on his appointment, execute
a bond for one hundred pounds, conditioned for the due
observance on his part of the regulations and byelaws of the
Trinity House, and that bond shall be free from stamp duty,,
and from every other charge except the actual expense of
preparing the same.
(iii.) A licence granted to a pilot by the Trinity House shall not
continue in force beyond the thirty-first clay of January next
following the date of that licence ; but the licence may, upon
the application of the pilot holding the same, be renewed on
or before the thirty-first day of January in every year, or on
any subsequent day, by endorsement under the hand of the
secretary of the Trinity House, or such other person as may
be appointed by them for that purpose.
Pilot's liability 620. A qualified pilot appointed by the Trinity House who has
limited. executed a bond under this Part of this Act shall not be liable for
neglect or want of skill beyond the penalty of the bond, and the
amount payable to him on account of pilotage in respect of the
voyage in which he was engaged when he became so liable.
Power to 621. The Trinity House may revoke or suspend the licence of
revoke and any pilot appointed by them, in such manner, and at such time, as
suspend
licences. they think fit.
Compulsory Pilotage (Trinity House).
Compulsory 622.-(1.) Subject to any alterations to be made by the Trinity

pilotage House, and to the exemptions under this Part of this Act, pilotage
districts of shall be compulsory within the London district, and the Trinity
Trinity
House. House outport districts.
(2.) If a master of a ship navigating within those districts, after
a qualified pilot has offered to take charge of the ship,. or made
a signal for the purpose, either himself pilots the ship without
possessing a pilotage certificate, or employs or continues to employ
an unqualified person to pilot her, he shall for each offence be
liable, in addition to any other penalty under this Part of this Act,
to a fine not exceeding five pounds for every fifty tons burden of
the ship, if the Trinity House certify in writing, under their
.
common seal, that the prosecutor may proceed for the same.
Constant 623. Subject to any alteration to be made by the Trinity House
supply of a sufficient number of qualified pilots shall always be ready to take
pilots at
Dungeness. charge of ships coming from the westward past Dungeness ; and
the Trinity House shall, by byelaw made under this Part of this
Act, make such regulations with respect to the pilots under their
control as may be necessary in order to provide for an unintermitted
supply of qualified pilots for those ships, and to insure their constant
attendance upon, and due performance of, their duty both by night
and day, whether by cruising between the South Foreland and
Dungeness, or by going off from shore upon signals made for the
purpose, or by both of those means, or by any other means, and
whether in rotation or otherwise, as the Trinity House think fit.
250
157 & 58 Vim] Merchant Shipping Act, 1894. [CH. 60.]
624,-(1.) Subject to any alteration to be made by the Trinity A.D. 1894.

House, a master of any ship coming from the westward, and bound
to any place in the River Thames or Medway (unless she has a ships from
London
qualified pilot on board, or is exempted
p from com pulsory pi lota ga ), coming past
shall on the arrival of the ship off Dungeness, and thenceforth Dungeness to
,until she has passed the south buoy of the Brake, or a line to be take the first
drawn from Saudown Castle to the said buoy, or until a qualified
pilot.
pilot has come on board, display and keep displayed the usual
signal for a pilot.
(2.) If a qualified pilot is within hail, or is approaching, and
within half a mile, and has a pilot flag flying in his boat, the
master shall, by heaving to in proper time or shortening sail, or
by any practicable means consistent with the safety of ,his ship,
facilitate the pilot getting on board, and shall give the charge of
piloting his ship to that pilot ; or if there are two or more qualified
pilots offering at the same time, to such one of them as may,
according to the regulations for the time being in force, be entitled
or required to take charge of the ship.
(3.) If a master fails to comply with the provisions of this
-
section, or any of them, he shall for each offence be liable to a fine

not exceeding double the sum which might have been demanded
for the pilotage of his ship, and the fine shall be paid to the Trinity
House, and be carried to the account of the Trinity House Pilot
Fund.
625. The following ships, when not carrying passengers, shall, Exemption
without prejudice to any general exemption under this Part of this from compul-
Act, be exempted from compulsory pilotage in the London district, sort' pilotage.
and in the Trinity House outport districts ; (that is to say,)
(1.) Ships employed in the coasting trade of the United Kingdom :
(2.) Ships of not more than sixty tons burden :
(3.) Ships trading from any port in Great Britain within the
London district or any of the Trinity House outport districts
to the -port of Brest in France, or any port in Europe north
and east of Brest, or to the Channel Islands or Isle of Man :
(4.) Ships trading from the port of Brest, or any port in Europe
north and east of Brest, or from the Channel Islands or Isle
of Man to any port in Great Britain within the said London
or Trinity House outport district :
(5.) Ships navigating within the limits of the port to which they
belong.
Rates of Pilotage (Trinity House).
626,-(1.) Subject to any alteration to be made by the Trinity Rates of

House there shall continue to be paid to all Trinity House pilots, pilotage.
in respect of their pilotage services, such dues as are immediately
before the commencement of this Act payable to them in respect
of those services.
(2.) The Trinity House may by byelaw made under this Part
of this Act repeal or relax, as to the whole or any part of their,;
district, the provisions of this Part of this Act restricting the
demanding, receiving, offering to pay, or payment of any pilotage
251
A.D. 1894. rates other than those which may be demanded by law so far as
to allow any pilot or class of pilots under their authority to demand
or receive, and any master to offer or pay, any rate less than the
rate which may be demanded by law.
Pilotage dues 627.-(1.) Subject to any alteration to be made by the Trinity
for foreign House, and notwithstanding anything before contained in this Part
chips for port
of London. of this Act, there shall be paid in respect of all foreign ships
trading to and from the port of London, and not exempted from
pilotage,-
(a) as to ships inwards, the full amount of pilotage dues for the
distance piloted ; and
(b) as to ships outwards, the full amount of dues for the distance
required by law.
(2.) Payment of those pilotage dues shall be made to the chief
officer of customs in the port of London by the master or other
person having the charge of the ship, or by the consignees or
agents thereof who have paid or made themselves liable to pay any
other charge for the ship in the port of London.
(3.) Pilotage dues under this section may be recovered in the
same manner as other pilotage dues are recoverable under this
Part of this Act.
Receipt and 628.-(1.) Subject to any alteration to be made by the Trinity
n sf
House, the chief officer of customs shall, on receiving any pilotage
app ication
payable by dues in respect of foreign ships, give to the person paying the same
foreign ships. a receipt in writing; and in the port of London the ship may be
detained until the receipt is produced to the proper officer of
customs at that port.
(2.) Subject to any alteration to be made by the Trinity House,
the chief officer of customs shall pay over to the Trinity House the
pilotage dues received by him in respect of any foreign ship ; and
the Trinity House shall apply the same-
(a) in the first place, in paying to any pilot who may bring
sufficient proof of his having had the charge of the ship such
dues as would have been payable to him for the pilotage
service if the ship had been a British ship, after deducting
therefrom the poundage due to the Trinity House; and
(b) in the second place, in paying to any unlicensed person who
may bring sufficient proof of his having, in the absence of a
licensed pilot, had the charge of the ship, such amount as the
Trinity House may think proper, not exceeding the amount
which would under similar circumstances have been payable
to a licensed pilot, after deducting poundage; and
(c) lastly, in paying over to the Trinity House Pilot Fund the
residue together with all poundage deducted as aforesaid.
Settlement of 629.---(1.) Whenever any difference arises between the master
difference as to and the qualified pilot of any ship trading to or. from the port of
draught of
p
London as to her draught of water, the Trinity House shall, upon
application by either party, made in the case of a ship inward
bound, either within twelve hours after her arrival or at some
time before she begins to discharge her cargo, and, in the case of a
ship outward bound, before she quits her moorings, appoint some
252
[57 & 58 Vic°r.] Merchant Shipping Act, 1894. [CH. 60.]
proper officer to measure the ship, and settle the difference A.D. 1894.
accordingly.
(2.) There shall be paid to the officer who measures the ship, by
the party against whom he decides, one guinea if the ship be below,
-
and half a guinea if the ship be above, the entrance of the London
Docks at Wapping.
Pilot Fund (Trinity House).

630.-(1.) Subject to any alteration to be made by the Trinity en toohe
House, there shall continue to be paid to the Trinity House, and bay
Pilot Fund.
carried over to the Trinity House Pilot Fund,-
(a) a poundage of sixpence in the pound upon the pilotage
earnings of all pilots licensed by the Trinity House ;
(b) a sum of three pounds three shillings to be paid on the first
day of January in every year by every person licensed by the
Trinity House to act as pilot in any district not under the
superintendence of sub-commissioners, or in any part of that
district.
(2.) If a qualified pilot gives a false account of his earnings, or
makes default in paying any sum due from him under this section,
he shall for each offence be liable to a fine equal to double the
amount payable, and shall further be liable, at the discretion of the
Trinity House, to suspension or dismissal.
631. Subject to any prior charges subsisting thereon by virtue Application of
of any Act of Parliament or otherwise, the Trinity House pilot fund.
Fund shall be chargeable in the first place with the payment of
such expenses as the Trinity House may duly incur in the per-
formance of their duties in respect of pilots and pilotage; and
after payment thereof shall (subject to any alteration to be made by
the Trinity House) be administered by them for the benefit of those
pilots licensed by them after the first day of October one thousand
eight hundred and fifty-three, who are incapacitated for the per-
formance of their duty by reason of age, infirmity, or accident,
and of the widows and children of pilots so licensed, or of those
incapacitated pilots only.
632.-(1.) The corporations of the Trinity Houses in the ports Appointment
of Kingston-upon-Hull and Newcastle shall appoint sub-comrnis- of sub-com-
missioners by
sioners (not being more than seven nor fewer than three) for the
examination of pilots in all districts in which they have, before the of Hull nd Ee8
commencement of this Act, been used to make such appointments, Newcastle.
and may, with the consent of Her Majesty in Council, but not
otherwise, appoint like sub-commissioners for any other district
situate within their jurisdiction.
(2.) A pilotage district which is at the commencement of this
Act under the authority of any sub-commissioners appointed by
either of the said corporations shall not be extended, except with
the consent of Her Majesty in Council.
(3.) Sub-commissioners appointed or to be appointed under this
section shall not be deemed to be pilotage authorities within the
meaning of this Act, nor shall anything in this Act be held to
confer upon the commissioners for regulating the pilotage of the
253
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT.j
A.D. 1894. port of Kingston-upon-Hull and of the River Humber any jurisdic-
tion of a different nature or character from that which they have
exercised before the commencement of this Act.
Saving for Liability of Owners and Masters.

Limitation of 633. An owner or master of a ship shall not be answerable to
liability of
owner or any person whatever for any loss or damage occasioned by the
masters where fault or incapacity of any qualified pilot acting in charge of that
pilotage is ship within any district where the employment of a qualified pilot
compulsory.
is compulsory by law.
PART XI.
LIGHTHOUSES.
General Management.
Management of 634.-(1.) Subject to the provisions of this Part of this Act,
lighthouses,
buoys, and and subject also to any powers or rights now lawfully oy ed or
y enjoyed
beacons. exercised by any person or body of persons having by law or
usage authority over local lighthouses, buoys, or beacons, (in this
Act referred to as " local lighthouse authorities,") the superin-
tendence and management of all lighthouses, buoys, and beacons
shall within the following areas be vested in the following bodies;
namely,-
(a.) Throughout England and Wales, and the Channel Islands
and the adjacent seas and islands, and at Gibraltar, in the
Trinity House ;
(b,) Throughout Scotland and the adjacent seas and islands, and
the Isle of Man, in the Commissioners of Northern Light-
houses ; and
(c.) Throughout Ireland and the adjacent seas and islands, in the
Commissioners of Irish Lights,
and those bodies are in this Act referred to as the general light-
house authorities and those areas as lighthouse areas.
(2.) Subject to the provisions of this Part of this Act, the general
lighthouse authorities shall respectively continue to hold and
maintain all property now vested in them in that behalf in the
same manner and for the same purposes as they have hitherto held
and maintained the same.
Returns and 635. The general lighthouse authorities, and their respective
information to
officers, shall at all times give to the Board of Trade all such
Trade. returns, explanations, or information, in relation to the lighthouses,
buoys, or beacons within their respective areas, and the management
thereof, as the Board require.
Power of 636.-(1.) The Board of Trade may, on complaint that any
Board of lighthouse, _buoy, or beacon under the management of any of the
Trade to
inspect on general lighthouse authorities, or any work connected therewith,
complaint is inefficient or improperly managed or is unnecessary, authorise
made.
any persons appointed by them to inspect the same.
(2.) A person so authorised may inspect the same accordingly,
and make any inquiries in respect thereof, and of the management
254
thereof, which he thinks fit ; and all officers and others having A.D. 1894.
the care of any such lighthouses, buoys, or beacons, or concerned ---
in the management thereof, shall furnish any information and
explanations in relation thereto which the person inspecting
requires.
637. The Trinity House, and any of their engineers, workmen, inspection by
and servants, may at all times enter any lighthouse within any of Trinity House.
the lighthouse areas for the purpose of viewing their condition or
otherwise for the purposes of this Act.
Construction of Lighthouses, &c.

638. A general lighthouse authority shall, within their area but General
subject, in the case of the Commissioners of Northern Lighthouses powers of
h ghthouse
and the Commissioners of Irish Lights, to the restrictions enacted authorities.
in this Part of this Act, have the following powers (in this Act
referred to as lighthouse powers) ; namely, powers-
(a) to erect or place any lighthouse, with all requisite works,
roads, and appurtenances :
(b) to add to, alter, or remove any lighthouse :
(c) to erect or place any buoy or beacon, or alter or remove any
buoy or beacon :
(d) to vary the character of any lighthouse or the mode of
exhibiting lights therein.
639.-(1.) A. general lighthouse authority may take and pur- Powers as to
chase any hand which may be necessary for the exercise of their land.
lighthouse powers, or for the maintenance of their works or for the
residence of the light keepers, and for that purpose the Lands
Clauses Acts shall be incorporated with this Act and shall apply to
all lighthouses to be constructed and all land to be purchased under
the powers thereof.
(2.) A general lighthouse authority may sell any land belonging
to them.
640.-(1.) When the Commissioners of Northern Lighthouses Restrictions on
exercise of
or the Commissioners of Irish Lights propose to exercise any of lighthouse
their lighthouse powers, they shall submit a scheme to the Trinity p owers by
House specifying the mode in which they propose to exercise the Commis-
power, and their reasons for wishing to exercise the same, and they sinners.
shall not exercise any such power until they have so submitted a
scheme to the Trinity House and obtained the sanction of the Board
of Trade in manner provided by this Act.
(2.) The Trinity House shall take into consideration any scheme
so submitted to them, and shall make a report, stating their
approval or rejection of the scheme with or without modification,
and shall send a copy of the report to the Commissioners by whom
the scheme is submitted.
(3.) For the purpose of obtaining the sanction of the Board of
Trade to any scheme so submitted to the Trinity House, the
Trinity House shall send a copy of the scheme and of their report
thereon, and of any communications which have passed with refer-
ence thereto between them and the Commissioners by whom the
255
A.D. 1894. scheme is submitted, to the Board of Trade, and that Board may
give any directions they think fit with reference to the scheme, and
may grant or withhold their sanction either wholly or subject to
any conditions or modifications they think fit.
(4.) The Commissioners by whom a scheme is submitted may,
before a decision on the scheme is given by the Board of Trade,
forward either to that Board or to the Trinity House any sug-
gestions or observations with respect to the scheme or the report
of the Trinity House thereon, and the Board of Trade in giving
any decision on the scheme shall consider those suggestions or
observations.
(5.) The decision of the Board of Trade with reference to any
scheme shall be communicated by that Board to the Trinity House,
and by the Trinity House to the Commissioners by whom the
scheme is submitted, and those Commissioners shall act in con-
formity with the decision.
Power of 641,-(1.) The Trinity House may, with the sanction of the
oarectt lght Board of Trade, direct the Commissioners of Northern Lighthouses
house works to or the Commissioners of Irish Lights-
be done. (a) to continue any lighthouse, buoy, or beacon :
(b) to erect or place any lighthouse, buoy, or beacon, or add to,
alter, or remove any existing lighthouse, buoy, or beacon :
(c) to. vary the character of any lighthouse or the mode of
exhibiting lights therein :
and the Commissioners shall be bound within a reasonable time to
obey any directions so given and sanctioned.
(2.) For the purpose of obtaining, the sanction of the Board of
Trade to any direction under this section, the Trinity House shall
make a written application to the Board of Trade showing fully
the work which they propose to direct and their reasons for
directing the same, and shall give notice in writing of the applica-
tion to the Commissioners to whom they propose to give the
direction at their principal office in Edinburgh or Dublin, as the
case may be.
(3.) Before the Board of Trade decide on any such application
an opportunity shall be given to the Commissioners to whom it is
proposed to give the direction for making any representation which
they may think fit to make with regard to the application to the
Board of Trade or the Trinity House.
Additions to 642. Where any improved light, or any siren or any description
lighthouses. of fog signal has been added to an existing lighthouse, the light
siren or signal may, for the purposes of this Part of this Act, be
treated as if it were a separate lighthouse.
Light Dues.
Continuance of 643. Subject to any alterations to be made under the powers
light dues. ,; contained in this Part of this Act, a general lighthouse authority
shall, in respect of any lighthouses, buoys, or beacons which at the
commencement of this Act are under their management, continue
to levy dues (in this Act called light dues), subject to the same
250
limitations as to the amount thereof as are in force at the com- A.D. 1894.
mencement of this Act; and those light dues shall be payable ----
in respect of all ships whatever, except ships belonging to Her
Majesty, and ships exempted from payment thereof in pursuance of
this Act.
644. On the completion of any lighthouse, buoy, or beacon, Dues for new
Her Majesty may, by Order in Council, fix dues to be paid in lighthouses.
respect thereof in the case of any ship which passes the same, or
derives benefit therefrom, and the dues so fixed shall, for the
purposes of this Act, be deemed to be light dues.
645.-(1.) Her Majesty may, by Order in Council, increase, vary, Revisionnesofby
or reduce any light dues payable in respect of any lighthouse, buoy, light dues
or beacon for the time being under the management of a general Council.
lighthouse authority.
(2.) Provided that the light dues payable in respect of a light-
house, buoy, or beacon which was existing on the first day of May
one thousand eight hundred and fifty-five shall not be made to
exceed the amount which at any period previous to that date was
received in respect thereof, or to which they might have been
raised during any part of that period.
846.-(1.) A general lighthouse authority may, with the con- Regulation of
l
sent of Her Majesty given by Order in Council,- light dues by
lighthouse
Y classes of ships from the payment authorities.
Ps or any
(a) exempt anyY ships
of light dues receivable by that authority, and annex any
terms or conditions to those exemptions ;
(b) alter the times, places, and modes at and in which the light
dues receivable by the authority are payable ; and
(c) substitute any other dues or class of dues, whether by way
of annual payment or otherwise, in respect of any ships or
classes of ships, for the dues payable to that authority for the
time being.
(2.) Nothing in this Act shall affect the provisions of the Shipping so & 31 vict.
Dues Exemption Act, 1867, or any Act amending the same. 0.15.
647. Tables of all light dues, and a copy of the regulations for Publication of
the time being in force in respect thereof, shall be posted up at all light dues
custom houses in the United Kingdom, and for that purpose each
of the general lighthouse authorities shall furnish copies of all such
tables and regulations to the Commissioners of Customs in London,
and to the chief officers of customs resident at all places where
light dues are collected on account of that lighthouse'authority ; and
those copies shall be posted up by the Commissioners of Customs at
the Custom House in London, and by the chief officers of customs
at the custom houses of the places at which they are respectively
resident.
648.-(1.) All light dues coming into the hands of any general Application
lighthouse authority under this Act shall be carried to the and collection
of light dues.
Mercantile Marine Fund.
(2.) Every person appointed to collect light dues by any of the
general lighthouse authorities shall collect all light dues payable at
the port at which he is so appointed, whether they are collected on
R 257
[Oh. 60.] Merchant ,Shipping Act, 1894. [57 & 58 Vler]
A.D. 1.894. account of the authority by whom he was appointed or on account

of one of the other general lighthouse authorities.
(3.) Any person so appointed to collect light dues shall pay over
to the general lighthouse authority by whom he was appointed, or
as that authority directs, the whole amount of light dues. received
by him; and the authority receiving the dues shall keep accounts
.thereof, and shall cause the dues to be remi(ted to Her Majesty's
Paymaster-General in such manner as the Board of Trade direct.
Recovery of
light dues.
649.-(1.) The following persons shall be liable to pay light
dues for any ship in respect of which light dues are payable;
.namely,-
(a.) The owner or master ; or
<b.) Such consignees or agents thereof as have paid, or made
themselves liable to pay, any other charge on account of the
ship in the port of her arrival or discharge
;
and those dues may be recovered in the same manner as fines of a

like amount under this Act.
(2.) Any consignee or agent (not being the owner or master of
the ship) who is hereby made liable for the payment of light dues
in respect of any ship, may, out of any moneys received by hint on
:account of that ship or belonging to the owner thereof, retain the
amount of all light dues paid by him, together with any reasonable
expenses he may have incurred by reason of the payment of the
dues or his liability to pay the dues.
]Distress. on 650.-(1.) If the owner or master of any ship fails, on demand
ship for light of the authorised collector, to pay the light dues due in respect
dues.
thereof, that collector may, in addition to any other remedy which
.he or the authority by whom he is appointed is entitled to use,
enter upon the ship, and distrain the goods, guns, tackle, or any
,thing belonging to, or on board, the ship, and detain that distress
until the light dues are paid.
(2.) If payment of the light dues is not made within the period
,of three days next ensuing the distress, the collector may, at any
time during the continuance of the nonpayment, cause the distress
to be appraised by two sufficient persons or sworn appraisers, and
thereupon sell the same, and apply the proceeds in payment of the
light dues clue, together with all reasonable expenses incurred by
him under this section, paying the surplus (if any), on demand, to
the owner or master of the ship.
Receipt for 651. A receipt for light dues shall be given by the person
slight dues. ;
appointed to collect the same to eve: person paying the same, and
a ship may be detained at any port where light dues are payable in
respect of fany ship, until the receipt for the light dues is produced
to the proper officer of customs.
Local Lighthouses.
*Inspection of
local light.
652.-(1.) It shall be the duty of each of the general lighthouse
.houses. authorities, or of any persons authorised by that authority, for. the
purpose, to inspect all lighthouses, buoys, and beacons situate within
their area, but belonging to or under the management of any local
258
[57 & 58 VrcT.] Merchant Shipping Act, 1894. [CH.. 604}:
lighthouse authority, and to make such inquiries in respect thereof A:D.=18a'.

and of the management thereof as they think fit.
(2.) All officers and others having the care of any such local light-
houses, buoys, or beacons, or concerned in the management thereof,
shall furnish all such information and explanations concerning the
same as the general lighthouse authority require.
(3.) All local lighthouse authorities and their officers shall at all
times give to the general lighthouse authority all such returns,
explanations, or information concerning the lighthouses, buoys, and
beacons under their management and the management thereof, as
the general lighthouse authority require.
(4.) The general lighthouse authority shall communicate to each
local lighthouse authority the results of the inspection of their
,lighthouses, buoys, and beacons, and shall also make general reports
of the results of their inspection of local lighthouses, buoys, and
beacons to the Board of Trade ; and those reports shall be laid before
Parliament.
653.-(1.) A general lighthouse authority may, within their area, Control of local
with the sanction of the Board of Trade, and after giving due ligthou by s
notice of their intention, direct a local lighthouse authority to lay general light-
.,down buoys, or to remove or discontinue any lighthouse, buoy, or house authori-
beacon, or to make any variation in the, character of any light- ties.
house, buoy, or beacon, or in the mode of exhibiting lights in any
.lighthouse, buoy, or beacon.
(2.) A local lighthouse authority shall not: erect or place any
lighthouse, buoy, or beacon, or remove or discontinue any light-
house, buoy, or beacon, or vary the character of any lighthouse,
buoy, or beacon, or the mode of exhibiting lights in any lighthouse,,
buoy, or beacon, without the sanction of the general lighthouse
.authority.
(3.) If a local lighthouse authority having power to erect, place,
or maintain any lighthouse, buoy, or beacon, at any place within a
lighthouse area, fail to do so, or fail to comply with the direction
,of a general lighthouse authority under this section with respect to
,any lighthouse, buoy, or beacon, Her Majesty may, on the applica-
tioa of the general lighthouse authority, by Order in Council,
'transfer any powers of the local lighthouse authority with respect
to that lighthouse, buoy, or beacon, including the power of levying
,dues, to the general lighthouse authority.
(4.) On the making of any Order in Council under this section,
the powers transferred shall be vested in the general lighthouse
authority to whom they are transferred'-, and the. lighthouse, buoy,,
or, beacon in respect of which the Order. is ma(le, and the dues
ae.iable in respect thereof, shall,respectiv@ly be.s1,1bject to the SC
provisions as those to which a lighthouse, buoy, or beacon provided
by that general lighthouse authority under this Part of this Act,
:and. the light dues leviable under this Part of this Act are subject.
(5.) Nothing in this section shall apply to local buoys, and
'beacons placed or erected for temporary purposes.
654.-(1.) A local lighthouse authority may, if they think tit, Surrender
local light-
of
surrender or sell any lighthouse, buoy, or beacon held by. them. to houses.
the general lighthouse authority within whose area it is situated,
R 2 259
[CH. 60.] Merchant Sl4jving Act, 1894. [57 & 58 VICT]
A.D. 1894, and that general lighthouse authority may, with the consent of the
Board of Trade, accept or purchase the same.
(2.) The purchase money for any lighthouse, buoy, or beacon so
sold to a general lighthouse authority shall. be paid out of the
(3.) On the surrender or sale of a lighthouse, buoy, or beacon
under this section to a general lighthouse authority,-
(a) the lighthouse, buoy, or beacon surrendered or sold shall,
together with its appurtenances, become vested in the general
lighthouse authority, and shall be subject to the same pro-
visions as if it had been provided by that authority under this
Part of this Act ; and
(b) the general lighthouse authority shall be entitled to receive
either the dues which were leviable in respect of the light-
house, buoy, or beacon surrendered or sold at the time of the
surrender or sale, or, if Her Majesty so directs by Order in
Council, such dues as may be fixed by Order in Council, and
those dues shall be subject to the same provisions and regula-
tions as light dues for a lighthouse completed by a general
lighthouse authority under this Act.
Light dues for
local lights.
655.-(1.) If any lighthouse, buoy, or beacon is erected or placed,
or reconstructed, repaired, or replaced by a local lighthouse autho-
rity, Her Majesty may, on the application of that authority, by
Order in Council, fix such dues to be paid to that authority in
respect of every ship which enters the port or harbour under the
control of that authority or the estuary in which the lighthouse,
buoy, or beacon is situate, and which passes the lighthouse, buoy, or
beacon and derives benefit therefrom as Her Majesty may think
reasonable.
(2.) Any dues fixed under this section (in this Act referred to as
local light dues) shall be paid by the same persons and may be
recovered in the same manner as light dues under this Part of this
Act.
(3.) Her Majesty may by Order in Council reduce, alter, or
increase any local light dues, so that those dues, so far as possible,
may be sufficient and not more than sufficient for the payment of
the expenses incurred by the local lighthouse authority in respect of
the lighthouses, buoys, or beacons for which the dues are levied.
Application of
local ligbt
656.-(l.) All local light dues shall be applied by the authority
dues.
by whom they are levied for the purpose of the construction,
placing, maintenance, and improvement of the lighthouses, buoys,
and beacons in respect of which the dues are levied, and for no other
purpose.
(2.) The local lighthouse authority to whom any local light dues
are paid shall keep a separate account of the receipt and expenditure
of those dues, and shall, once in every year or at such other time
as the Board of Trade may determine, send a copy of that account
to the Board of Trade, and shall send the same in such form and
shall give such p,rticulars in relation thereto as the Board of Trade
requires.
260
[57 & 58 VicT.] Merchant Shipping Act, 1894. [CH. CO.]
657. A local lighthouse authority may, with the consent of Her A.D. 1894.
Majesty in Council (if they have not otherwise power to do so), --- of
reduce all or any dues receivable by them in respect of lighthouses, Reduction
local light
buoys, and beacons. . dues.
Expenses of General Lighthouse Authorities.

658. The expenses incurred by the general lighthouse authorities Payment of
in the works and services of lighthouses, buoys, and beacons under lighthouse
Me alt
Merrca
this Part of this Act, or in the execution of any3' works necessary
3' or of cantile
expedient for the purpose of permanently reducing the expense of Marine Fund.
those works and services, shall be paid out of the Mercantile Marine
Fund.
659.-(l.) Her Majesty may by Order in Council fix the Establishments
establishments to be maintained by each of the general lighthouse of general
authorities on account of the services of lighthouses, buoys, and authorities.
beacons, or the annual or other sums to be paid out of the
Mercantile Marine Fund in respect of those establishments.
(2.) If it appears that any part of the establishments of the
general lighthouse authorities is maintained for other purposes as
well as for the purposes of their duties as general lighthouse
authorities, Her Majesty relay by Order in Council fix the portion
of the expense of those establishments to be paid out of the
(3.) An increase of any establishment or part of an establishment
fixed under this section shall not be made without the consent of
the Board of Trade.
660.-(1.) An expense of a general lighthouse authority in Estimates or
accounts of
respect of the services of lighthouses, buoys, and beacons shall not expenses sent
be paid out of the Mercantile Marine Fund, or allowed in account, to Board of
unless either it has been allowed ns part of the establishment Trade.
expenses under this Act, or an estimate or account thereof has been
approved by the Board of Trade.
(2.) For the purpose of approval by the Board of Trade, each
of the general lighthouse authorities shall submit to that Board an
estimate of all expenses to be incurred by them in respect of light-
houses, buoys, or beacons, other than expenses allowed under this
Act on account of their establishments, or, in case it is necessary
in providing for any sudden emergency to incur any such expense
without waiting for the sanction of an estimate, shall as soon as
possible submit to the Board of Trade a full account of the expense
incurred.
(3.) The Board of Trade shall consider any estimates and accounts
so submitted to them, and may approve them either with or without
modification.
661.-(1.) For the purpose of the construction and repair of Advances by
lighthouses, and of other extraordinary expenses connected with Treasu for
lighthouses, buoys, and beacons, the Treasury may, upon the evpeuses.a
application of the Board of Trade; advance out of the growing
produce of the Consolidated Fund such sums, and upon such terms
and at such rate of interest, as they think fit, and pay the same into
261
[CH, 60.1 Merchant S7hippiny Act, 1894. [57 & 58 VICT4'
A.D. 1894. the Mercantile Marine Fund, but the total amount due in respect of
any such advances shall not at any one time exceed two hundred
thousand pounds.
(2.) Where the Treasury advance any sum under this section, that
sum and the interest thereon shall be a charge upon the Mercantile
Marine Fund, and upon any dues, rates, fees, or other payments
payable thereto, and the Board of Trade shall make such provision
for the repayment thereof out of that fund either by way of sinking
fund or otherwise as the Treasury require.
(3.) A charge under this section for the purpose of an advance
by the Treasury shall not prevent the reduction of any dues, rates,
fees, or other payments payable to the Mercantile Marine Fund, if
the reduction is sanctioned by the Treasury.
Mortgage of 662.-(1:) The Board of Trade may mortgage the Mercantile
Mercantile Marine Fund and any dues, rates, fees, or other payments payable
Marine Fund
for lighthouse thereto, or any part thereof, for the purpose of the construction
expenditure. and repair of lighthouses or other extraordinary expenses connected
with the services of lighthouses, buoys, and beacons.
(2.) Any mortgage tinder this section shall be made in such form
and executed in such manner as'the Board of Trade may direct.
(3.) A person lending money on a mortgage under this section
shall not be bound to inquire as to the purpose for which the money
is raised or the manner in which it is applied.
Advances by 663.-(1.) The Public Works Loan Commissioners may, for the
Public Works purpose of the construction and repair
Loan Commis-
of lighthouses or other
sioners. extraordinary expenses connected with the service of lighthouses,
buoys, and beacons, advance money upon mortgage of the Mercantile
Marine Fund, and the several dues, rates, fees, and payments to be
carried thereto under this Act, or any of them, or any part thereof,;
without requiring any further security than that mortgage.
(2.) Notwithstanding anything in this Act, every mortgage so
made to the Public Works Loan Commissioners shall be made in
accordance with the Acts regulating loans by the Public Works
Loan Commissioners.
(3.) An advance by the Public Works Loan Commissioners shall,
not prevent any lawful reduction of any dues, rates, fees, or other
payments payable to the Mercantile Marine Fund if that reduction,
is assented to by the Public Works Loan Commissioners.
Accounts of 664. Each of the' general lighthouse authorities shall account to-
general light- the Board of Trade for their receipts from light dues and for their
house autho-
rities. expenditure in respect of expenses paid out of the Mercantile
Marine Fund, in such form, and at such times, and with such,
details, explanations, and vouchers, as the Board of Trade require,
and shall, when required by that Board, permit all books of
accounts kept by or under their respective direction to be inspected
and examined by such persons as that Board appoint for that,
purpose.
Power to grant 665.--(1.) A general lighthouse authority may, with the sanction,
pensions. of the Board of Trade, grant superannuation allowances or com
pensation to persons whose salaries are paid out of the Mercantile;
Marine Fund on their discharge or retirement.
262
[57 &58 Vwr] Merehant.Shipping Act, 1894 [Ca., 60.1
(2.) No. superannuation allowance or compensation. granted, under A.D I894.:

this section to a person shall exceed the proportion of his salary
which may be granted to a person in the' public, civil service under
the Acts relating to superannuation allowances or compensation for
-
the time being in force.
Offences in connexion with Lighthouses, &c.'

666.-(1.) A person shall not wilfully or negligently- Injury to light.
(a) injure any lighthouse or the lights exhibited therein, or any houses, &c.
buoy or beacon ;
(b) remove, alter, or destroy any lightship, buoy, or beacon ; or
(c) ride by, make fast to, or run foul of any light ship or buoy.
(2.) If any person acts in contravention of this section, he shall,
in addition to the expenses of making good any damage so occasioned,
be liable for each offence to a fine not exceeding fifty pounds.
667.-(1.) Whenever any fire or light is burnt or exhibited at Prevention of
such place or in such manner as to be liable to be mistaken for a false lights..
light proceeding from a lighthouse, the general lighthouse authority
within whose area the place is situate, may serve a notice. ,upon
the owner of the place where the fire or light is burnt or exhibited,
or on the person having the charge of the fire or light, directing
that owner or person, within a reasonable time to be specified in
the notice, to take effectual means for extinguishing or effectually
screening the fire or light, and for preventing for the future any
similar fire or light.
(2.) The notice may be served either personally or by delivery
of the same at the place of abode of the person to be served, or by
affixing the same in some conspicuous spot near to the fire or light.
to which the notice relates.
(3.) If any owner or person on whom a notice is served under
this section fails, without reasonable cause, to comply with the
directions contained in the notice, he shall be guilty of a common
nuisance, and, in addition to any other penalties or liabilities he
may incur, shall for each offence be liable to a fine not exceeding
one hundred pounds.
(4.) If any owner or person on whom a notice under this section
is served neglects for a period of seven days to extinguish or
effectually screen the fire or light mentioned in the notice, the
general lighthouse authority may, by their servants or workmen,
enter upon the place where the fire or light is, and forthwith
extinguish the same, doing no unnecessary damage ; and 'spay,
recover the expenses incurred by them in so doing from the owner
or person on whom the notice has been served in' the same manner
as fines may be recovered under this Act.
Commissioners of Northern Lighthouses.

668.-(1.) The persons holding the following offices shall be' a Incorporation
body corporate under the name of the Commissioners of'"Noffhorn ofCommis-
Nines of.
Lighthouses ; (that is to say,) Northern
(a.) The Lord Advocate and the Solicitor-General for Scotland ; ' Lights.
263
[C$. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT.]
A.D. 1894: (b.) The lords provosts of Edinburgh, Glasgow, and Aberdeen,
and the provosts of Inverness and Campbeltown;
(c.) ' The eldest bailies of Edinburgh and Glasgow ;
(d.) The sheriffs of the counties of the Lothians and Peebles,
Lanark, Renfrew and Bute, Argyll, Inverness Elgin and
Nairn, Boss Cromarty and Sutherland, Caithness Orkney
and Shetland, Aberdeen Kincardine and Banff, Ayr, Fife and
Kinross, Dumfries and Galloway ; and
(e.) Any persons elected under this section.
(2.) The Commissioners shall have a common seal ; and any five
of them shall constitute a quorum, and shall have power to do all
such matters and things as might be done by the whole body.
(3.) The Commissioners play elect the provost or chief magistrate
of any royal or parliamentary burgh on or near any part of the
coasts of Scotland and the sheriff of any county abutting on those
coasts to be a member of their body.
Provision as to Channel Islands.

Restriction on 669.-(1.) Time powers of the Trinity House under this Part of
exercise of this Act with respect to lighthouses, buoys, or beacons already
powers in
Channel erected or placed, or hereafter to be erected or placed, in the islands
Islands. of Guernsey or Jersey (other than their powers with respect to the
surrender or purchase of local lighthouses, buoys, and beacons, and
the prevention of false lights) shall not be exercised without the
consent of Her Majesty in Council.
(2.) Dues for any lighthouse, buoy, or beacon erected or placed
in or near the islands of Guernsey, Jersey, Sark, or Alderney shall
not be taken in the islands of Guernsey or Jersey without the
consent of the States of those Islands respectively.
Lighthouses, £c. in Colonies.

Dues for
colonial light-
670.-(1.) Where any lighthouse, buoy, or beacon has, either
houses, &c.
before or after the passing of this Act, been erected or placed on or
near the coasts of any British possession by or with the consent of
the legislature of that possession, Her Majesty may by Order in
Council fix such dues (in this Act referred to as colonial light dues)
to be paid in respect of that lighthouse, buoy, or beacon by the
owner or master of every ship which passes the same and derives
benefit therefrom, as Her Majesty may deem reasonable, and may
by like order increase, diminish, or repeal such dues, and those dues
shall from the time mentioned in the Order be leviable throughout
Her Majesty's dominions.
(2.) Colonial light dues shall not be levied in any British posses-
sion unless the legislature of that possession has by address to the
Crown, or by Act or ordinance duly passed, signified its opinion
that the dues ought to be levied.
Collection and 671.---(1.) Colonial light dues shall in the United Kingdom be
recovery of
colonial light
collected and recovered so far as possible as light dues are collected
dues. and recovered under this Part of this Act.
264
[57 & 58 Vide.] Merchant Shipping Act, 1894. [CH. 60.]
(2.) Colonial light dues shall in each British possession be A.D. 1894.
collected by such persons as the governor of that possession may
appoint for the purpose, and shall be collected by the same means,
in the same manner, and subject to the same conditions so far as
-
circumstances permit, as light dues under this Part of this Act, or
by such other means, in such other manner, and subject to such
other conditions as the legislature of the possession direct.
672. Colonial light dues levied under this Act shall be paid over Paymentlight of
to Her Majesty's Paymaster. General at such times and in such duesto
manner as the Board of Trade direct, and shall be applied, paid, master-
and dealt with by him for the purposes authorised by this Act, General.
in such manner as that Board direct.
673. Colonial light dues shall, after deducting the expenses of Application
colonial light
of
collection, be applied in payment of the expenses incurred in
erecting and -maintaining the lighthouse, buoy, or beacon in respect
of which they are levied, and for no other purpose.
674.-(1.) The Board of Trade may raise such sums as they Advances for
think fit for the purpose of constructing or repairing any light- and tparof
house, buoy, or beacon in respect of which colonial light dues are colonial light-
levied or are to be levied on the security of those dues so levied or houses, &c.
to be levied.
(2.) Any sums so to be raised may be advanced by the Treasury
out of moneys provided by Parliament, or by the Public Works
Loan Commissioners or by any other, persons, but any such
advances shall be made and secured in the same manner and sub-
ject to the same provisions as similar advances for the purpose of
lighthouses in the United Kingdom under this Part of this Act.
675.-(1.) Accounts shall be kept of all colonial light dues Accounts of
colonial light
received under this Act and of all sums expended in the construe- dues.
tion, repair, or maintenance of the lighthouse, buoy, or beacon in
respect of which those dues are received.
12.) These accounts shall be kept in such manner as the Board of
Trade direct, and shall be laid annually before Parliament and
audited in such manner as may be directed by Order in Council.
PART XII.
MERCANTILE MARINE FUND.
676.-(1.) The common fund called the Mercantile Marine Sums payable
to exist under that name, and subject to the to the Mer-
Fund shall continue cantile Marine
provisions of this Act there shall be accounted for and paid to that Fund.
fund-
(a) all fees, charges, and expenses payable in respect of the
survey or measurement of ships under. this Act :
(b) all fees and other ' sums (other than fines and forfeitures)
'
received by the Board of Trade under the Second and Fifth

Parts of this Act, including all fees payable in respect of,, the
medical inspection of seamen under the Second Part of this
Act:
:265
[CXI 60.] lllerclutnt Skipping Act, 1894. [57 & 58° Vtcr.]'
(c) the moneys arising from the unclaimed property of deceased

--
A.D. 1894.
seamen, except where the same are required to be paid as.
directed by the Accountant-General of Her Majesty's Navy
(d) any sums recovered by the Board of Trade in respect of
expenses incurred in relation to distressed seamen and appren-
tices under the Second Part of this Act :
(c) all fees and other sums payable in respect of any services.
performed by any person employed under the authority of the
Third Part of this Act :
(f) all fee, paid upon the engagement or discharge of members
of the crews of fishing boats when effected before a superin-
tendent:
(g) such proceeds of the sale of unclaimed wreck as are directed
to be paid thereto during the lifetime of Her present Majesty
under the Ninth Part of this"Act :
(lt) any fees received by receivers of wreck under the Ninth.
Part of this Act:
(i) all light dues or other sums received by or accruing to any
of the General Lighthouse Authorities under the Eleventh
Part of this Act:
(le) all costs and expenses ordered by the court to be paid to
45 & 46 Viet. the Board of Trade in pursuance of the Boiler Explosions Acts,
c. 22. 1882 and 1890 :
53 & 54 'ict.
3 (1) any sums which under this or any other Act are directed to.
be paid to the. Mercantile Marine Fund.
(2.) All fees mentioned in this section shall be paid at such time
and in such manner as the Board of Trade direct.
Application of
Mare 677. Subject to the provisions of this Act and to any prior
ne Fund. charges that may be subsisting a on the Mercantile Marine Fund
under any Act of Parliament or otherwise there shall be charged
on and payable out of that fund the following expenses so far as
they are not paid by any private person :-
(a.) The salaries and other expenses connected with local
marine boards and mercantile marine offices, and with the
examinations conducted under the Second and Fourth Parts
of this Act :
(b.) The salaries of all surveyors of ships and officers appointed

under this Act and all expenses incurred in connexion with
the survey and measurement of ships under this Act, and
the remuneration of medical inspectors of seamen under the
Second Part of this Act:
(c.) The salaries and expenses of persons employed under the
Third Part of this Act :
(d.) The superannuation allowances, gratuities, pensions, and
other allowances granted either before or after the passing of
this Act to any of the said surveyors, officers, or persons :
(e.) The allowances and expenses paid for the relief of distressed.
British seamen and apprentices, including the expenses
declared under this Act to be payable as such expenses, and
any contributions to seamen's refuges and hospitals :
(f) Any sums which the Board of Trade, in their discretion,
think fit to pay in respect of claims to moneys carried to the
266
[57 & 58 Viom] - Merchdnt Shipping Act, 1894. [C$ 60.J
Mercantile Marine Fund on account of the property of A.D. 1894.
deceased seamen, or on account of the proceeds of wreck :
(g.) All expenses of obtaining depositions, reports, and returns
respecting wrecks and casualties :
(h.) All expenses incurred in carrying into effect the provisions
of this Act with regard to receivers of wrecks and the per-
formance of their duties under this Act :
(i.) All expenses incurred by the general lighthouse authorities,
in the works and services of lighthouses, buoys, and beacons,
or in the execution of any works necessary or expedient for
the purpose of permanently reducing, the expense of those
works and services :
(1c.) Any pensions or other sums payable in relation to the duties
formerly performed by the Trinity House in respect of last Age
and ballastage in the River Thames :
(l.) Such expenses for establishing and maintaining on the coasts
of the United Kingdom proper lifeboats with the necessary
crews and equipments, and for affording assistance towards
the preservation of life and property in cases of shipwreck
and distress at sea, and. for rewarding the preservation of life
in such cases, as the Board of Trade direct :
(m.) Such reasonable costs, as the Board of Trade may allow, of
advertising or otherwise making known the establishment of,
or alterations in, foreign lighthouses, buoys, and beacons to
owners, and masters of, and other persons interested in, British
ships:
(n.) All costs and expenses incurred by the Board of Trade
under the Boiler Explosions Acts, 1882 and 1890 (so far as 45 & 46 Viet.
not otherwise provided for), including any remuneration paid c. 22.
in pursuance of section seven of the Boiler Explosions Act, 53 & 54 Viet.
1882, and any costs and expenses ordered by the court in c 35.
pursuance of.those Acts to be paid by the Board of Trade :
(o.) Any expenses which are charged, on. or payable out of
the Mercantile Marine Fund under this or any other Act of
Parliament.
678. There shall be paid to the Mercantile Marine Fund out of Subsidy from
Parliament to
moneys provided by Parliament such sum in each year as may be Mercantile
determined by the Treasury, with, the concurrence of the Board Marine Fund.
of Trade, having regard to the receipts and expenditure of the
Mercantile Marine Fund under this Act.
679.-(1.) The accounts of the Mercantile Marine Fund shall Accounts and
audit.
be deemed to be public accounts within the meaning of section
thirty-three of the Exchequer and Audit Departments Act, 1866, 29 & 30 Viet.
c. 39.
and shall be examined and audited accordingly.
(2.) The Board of Trade shall as soon as may be after the
meeting of Parliament in every year cause the accounts of the
N ercantile Marine Fund for the, preceding year to be laid before
bath Houses of Parliament. .
267
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 Vicr.]
A.D. 1894. PART XIII.

LEGAL PROCEEDINGS.
PrO ecution of Offences.
Prosecution of 680.-(1.) Subject to any special provisions of this Act and to

offences. the provisions herein-after contained with respect to Scotland,-
(a) an offence under this Act declared to be a misdemeanor, shall
be punishable by fine or by imprisonment not exceeding two
years, with or without hard labour, but may, instead of being
prosecuted as a misdemeanor, be prosecuted summarily in
manner provided by the Summary Jurisdiction Acts, and if so
prosecuted shall be punishable only with imprisonment for it
term not exceeding six months, with or without hard labour,
or with a fine not exceeding one hundred pounds ;
(b) an offence under this Act made punishable with imprison-
ment for any term not exceeding six months, with or without
hard labour, or by a fine not exceeding one hundred pounds,
shall be prosecuted summarily in manner provided by the,
Summary Jurisdiction Acts.
(2.) Any offence committed or fine recoverable under a byehtw
made in pursuance of this Act may be prosecuted or recovered in
the same manner. as an offence or fine under this Act.
Application of 681.-(1.) The Summary Jurisdiction Acts shall, so far as
Summary applicable, apply-
Jurisdiction (a) to any proceeding under this Act before a court of summary
Acts in certain
cases. jurisdiction, whether connected with an offence punishable on
summary conviction or not ; and
(b) to the trial of any case before one justice of the peace,
where, under this Act, such a justice may try the case.
(2.) Where under this Act any sum may be recovered as a fine
under this Act, that sum, if recoverable before a court .of summary
jurisdiction, shall, in England, be recovered as a civil debt in
manner provided by the Summary Jurisdiction Acts.
Appeal on 682. Where a person is convicted summarily in England of an
summary con- offence under this Act, and the fine inflicted or the sum ordered
viction.
to be paid exceeds five pounds in amount, that person may appeal
to quarter sessions against the conviction in manner provided by
the Summary Jurisdiction Acts.
Limitation of 683.-(1.) Subject to any special provisions of this Act neither
time for a conviction for an offence nor an order for payment of money
summary
proceedings. shall be made under this Act in any summary proceeding instituted
in the United Kingdom, unless that proceeding is commenced
within six months after the commission of the offence or after
the cause of complaint arises as the case may be; or, if both or
either of the parties to the proceeding happen during that time
to be out of the United Kingdom, unless the same is commenced,
in the case of a summary conviction within two months, and in
the case of a summary order within six months, after they both
268
[57 & 58 VicT] Merchant Shipping Act, 1894. [CH. 60.1
first happen to arrive, or to be at one time, within the United A.D. 1894.
Kingdom.
(2.) Subject to any special provisions of this Act neither a con-
viction for an offence nor an order for payment of money shall
-
be made under this Act in any summary proceeding instituted
in any British possession, unless that proceeding is commenced
within six months after the commission of the offence or after the
cause of complaint arises as the case may be ; or if both or either
of the parties to the proceeding happen during that time not to be
within the jurisdiction of any court capable of dealing with the
case, unless the same is commenced in the case of a summary con-
viction within two months, and in the case of a summary order
within six months after they both first happen to arrive, or to be at
one time, within that jurisdiction.
(3.) No law for the time being in force under any Act, ordinance,
or otherwise, which limits the time within which summary pro-
ceedings may be instituted shall affect any summary proceeding
under this Act.
(4.) Nothing in this section shall affect any proceeding to which
the Public Authorities Protection Act, 1893, applies. 56 & 57 Viet.
c.61.
Jurisdiction.
684. For the purpose of giving jurisdiction under this Act, every Provision as
offence shall be deemed to have been committed and every cause of to jurisdiction
in case
complaint to have arisen either in the place in which the same
ffencesof
actually was committed or arose, or in any place in which the

offender or person complained against may be.
685.-(1.) Where any district within whic'i any court, justice Jurisdiction
of the peace, or other magistrate, has jurisdiction either under this over ships
off the
Act or under any other Act or at common law for any purpose eying coasts.
whatever is situate on the coast of any sea, or abutting on or pro-
jecting into any bay, channel, lake, river, or other navigable water,
every such court, justice, or magistrate, shall have jurisdiction over
any vessel being on, or lying or passing off, that coast, or being
in or near that bay, channel, lake, river, or navigable water, and
over all persons on board that vessel or for the time being belonging
thereto, in the same manner as if the vessel or persons were within
the, limits of the original jurisdiction of the court, justice, or
magistrate.
(2.) The jurisdiction under this section shall be in addition to
and not in derogation of any jurisdiction or power of a court under
the Summary Jurisdiction Acts.
686.-(1.) Where any person, being a British subject, is charged Jurisdiction in
of offences
with having committed any offence on board any British ship on ocaseboard ship
the high seas or in any foreign port or harbour or on board any
foreign ship to which he does not belong, or, not being a British
subject, is charged with having committed any offence on board
any British ship on the high seas, and that person is found within
the jurisdiction of any court in- Her Majesty's dominions, which
would have had cognizance of the offence if it had been committed
269
[Co. 60.1 .lferchant S'hipj)irtg Act, 1894. [57 & 58 ViCT.]
X.D. 1894. on board a British ship within the limits of its ordinary juris-
diction, that court shall have jurisdiction to try the offence as if it
had been so committed.
12 & 13 Viet. (2.) Nothing in this section shall affect the Admiralty Offences
c. ss. (Colonial) Act, 1849.
Offences com- 687. All offences against property or person committed in or at
mitted by any pidee either ashore or afloat out of Her Majesty's dominions
British seamen
at foreign ports by any master, seaman, or apprentice who at the time when the
to be within offence is committed is, or within three months previo;isly has been,
Admiralty
jurisdiction. employed in any British ship shall be deemed to be offences of the
same nature respectively, and be liable to the same punishments
respectively, and be inquired of, heard, tried, determined, and
adjudged in the same manner and by the same courts and in the
same places as if those offences had been committed within the
jurisdiction of the Admiralty of England ; and the costs and ex-
penses of the prosecution of any such offence may be directed
to be paid as in the case of costs and expenses of prosecutions
for offences committed within the jurisdiction of the Admiralty
of England.
Damage oecasion.e<li by Foreign 8'hip.

Power to arrest 688.__(1.) Whenever any injury has in any part of the world
foreign sship
a-been caused to any property belonging to Her Majesty or to any of
sioned damage. Her Majesty's subjects by any foreign ship, and at any time there-
after that ship is found in any port or river of the United Kingdom
or, within three miles of the coast thereof, a Judge of any court of
record in the United Kingdom (and in Scotland the Court of
Session and also the sheriff of the county within whose ,jurisdiction
the ship may be) may, upon its being shown to him by any person
applyin, summarily that the injury was probably caused by the
misconduct or want of skill of the master or mariners of the ship,
issue an order directed to any officer of customs or other officer
named by the judge, court, or sheriff, requiring him to detain the
ship until such time as the owner, master, or consignee thereof has
made satisfaction in respect of the injury, or has given security, to
be approved by the judge, court, or sheriff, to abide the event of
any action, suit, or other legal proceeding that may be instituted in
respect of the injury, and to pay all costs and damages that may
be awarded thereon ; and any officer of customs or other officer to
whom the order is directed shall detain the ship accordingly.
(2.) Where it appears that, before an application can be made
under this section, the ship in respect of which the application is to
be made will have departed from the limits of the United Kingdom
or three miles from the coast thereof, the ship may be detained for
such time as will allow the application to be made, and the result
thereof to be communicated to the officer detaining the ship, and
that officer shall not be liable for any costs or damages in #espegt
of the detention unless the same is proved to have been ma
without reasonable grounds.
(3.) In any. legal proceeding in relation to, any such injgcy
aforesaid, the person giving security shall be made defendant. qr
270
[67 &,58 VICT.] .Merchant Shipping Act, 1894. ; [(t. (30.]
-defender, and shall be stated to be the owner of the ship that has A.1). 1894.
occasioned the damage ; and the production of the order of the judge,
court, or sheriff made in relation to the security shall be conclusive
evidence of the liability of the defendant or defender to the
-
proceeding.
Provisions in case of Oences Abroad.

689.-(1.) Whenever any complaint is made to any British Conveyance of
offenders and
consular officer- witnesses to
(a) that any offence against property or person has been corn- United King_
mitted at any place, either ashore or afloat, out of Her dom or British
Majesty's dominions by any master, seaman, or apprentice, possession.
who at the time when the offence was committed, or within
three months before that time, was employed in any British
ship ; or
(b) that any offence on the high seas has been committed by
any master, seaman, or apprentice belonging to any British
ship,
that consular officer may inquire into the case upon oath, and may,
if the case so requires, take any steps in his power for the purpose
of placing the offender under the necessary restraint and of sending
him as soon as practicable in safe custody to the United Kingdom,
or to any British possession in which there is a court capable of
taking cognizance of the offence, in any ship belonging to Her
Majesty or to any of Her subjects, to be there proceeded against
according to law.
(2.) The consular officer may order the master of any ship
belonging to any subject of Her Majesty bound to the United
Kingdom or to such British possession as aforesaid to receive and
.afford a passage and subsistence during the voyage to any such
offender as aforesaid, and to the witnesses, so that the master be
not required to receive more than one offender for every one
hundred tons of his ship's registered tonnage, or more than one
witness for every fifty tons of that tonnage ; and the consular
officer shall endorse upon the agreement of the ship such particulars
with respect to any offenders or witnesses sent in her as the Board
of Trade require.
(3.) Any master of a ship to whose charge an offender has been
.so committed shall, on his ship's arrival in the United Kingdom or
in such British possession as aforesaid, give the offender into the
custody of some police officer or constable, and that officer or
:
constable shall take the offender before a justice of the peace or

other magistrate by law empowered to deal with the matter, and
the justice or magistrate shall deal with the matter as in cases of
-offences committed upon the high seas.
(4.) If any master of a ship, when required by any British con-
sular officer to receive and afford a passage and subsistence to any
offender or witness, does not receive him and afford a passage and
.subsistence to him, or, does not deliver any offender committed to
his charge into the custody of some police. officer- or, constable as '
herein-before directed, he, shall for each offence be liable to a fine

271
[Cu. 60.] ercbccart Shi.tptri,aty Act, 1894. [57 & 58 Vim.]
A.D. I S94. (5.) The expense of imprisoning; any such offender and of con-
veying him and the witnesses tar the United Kiii doer or to such
British possession its aforesaid in any manner other than in the
ship to which they respectively belong, shall, where not paid its
part of the costs of the prosecution, be paid out of moneys provided
by Parliament.
Inquiry into 690.--(1.) Where at case of death happens on board any foreign-
cause of death going British ship, tire superintendent at the port where the crew
on board ship.
of the ship is discharged, shall, on the arrival of the ship at that
port, inquire into the cause of the death, and shall make in the
official log an eudorseuunt to the effect, either that tine statement of
the cause of death in the log is in his opinion true, or the contrary,
according to the result of the inquiry.
(2.) A superintendent .,hall for the purpose of an inquiry tinder
this section have the powers of a Board of Trade inspector under
this Act; and if in the course of any such inquiry it appears to a
superintendent that any such death has been caused on hoard the
ship by violence or other improper means, lie shall either report the
matter to the Board of Trade, or, if the emergency of the case so
requires, shall take innnediate steps f'or bringing the offender or
offenders to justice.
(3.) This section shall not apply-
(a) except in Scotland, to fishing boats, nor
(b) to ships registered in a. British possession when those ship's
are within the jurisdiction of the government of that pos-
session ; nor
(c) to pleasure yachts, or ships belonging
V Z3
to any of the three
general lighthouse authorities.
Depositions 691.-(1..) Whenever in the course of any legal proceeding insti-
to be received tuted in any part of Her Majesty's dominions before any judge or
in evidence
when witness magistrate, or before any person authorised by law or by consent of
cannot be parties to receive evidence, the testimony of any witness is required
produced.
in relation to the subject matter of that proceeding, then upcn due
proof, ifthe proceeding is instituted in the United Kingdom that
the witness cannot be found in that kingdom, or if in any British
possession that he cannot be found in that possession, any
deposition that tire witne's nray have previously made on oath in
relation to the same subjectinatterbefore any justice or magistrate
in Her Majest.y's dominions, or any British consular officer else-
where, shall be admissible in evidence, provided that-
(a) if the deposition was made in the United Kingdom, it shall
not be admissible in any proceeding instituted in the United
Kingdom ; and.
(b) if the deposition was made in any British possession, it shall
not be admissible in any proceeding instituted in that British
possession ; and
(c) if the proceeding is criminal it shall not be admissible, unless
it was made in the presence of the person accused.
(2.) A deposition so made shall be authenticated by the signature
of the judge, magistrate, or consular officer before whom it is made;
and the judge, magistrate or consular officer shall certify, if the
fact is so that the accused was present at the taking thereof.
272
[57 & 58 Vicr.] Merchant Shipping Act, 18941 [Cir. 60.]
(3.) It shall not be necessary in any case to prove the signature A.D. 1894.
or official character of the person appearing to have signed any such
deposition, and in any criminal proc--eding a certificate under this
section shall, unless the contrary is proved, be sufficient evidence of
the accused having been present in manner thereby certified.
(4.) Nothing herein contained shall affect any case in which
depositions taken in any proceeding are rendered admissible in
evidence by any Act of Parliament, or by any Act or ordinance of
the legislature of any colony, so far as regards that colony, or
interfere with the power of any colonial legislature to make those
depositions admissible in evidence, or to interfere with the practice
of any court in which depositions not authenticated as herein-before
mentioned are admissible.
Detention of Ship and Distress on Ship.

692.-(1.) Where under this Act a ship is to be or may be Enforcing
detained, any commissioned officer on full pay in the naval or detention of
ship.
military service of Her Majesty, or any officer of the Board of
Trade, or any officer of customs, or any British consular officer may
detain the ship, and if the ship after detention or after service' on
the roaster of any notice of or order for detention proceeds to sea
before it is released by competent authority, the master of the ship,
and also the owner, and any person who sends the ship to sea, if
that owner or person is party or privy to the offence, shall be liable
for each offence to a fine not exceeding one hundred pounds.
(2.) Where a ship so proceeding to sea takes to sea when on
board thereof in the execution of his duty any officer authorised to
detain the ship, or any surveyor or officer of the Board of Trade or'
any officer of customs, the owner and master of the ship shall=
each be liable to pay all expenses of and incidental to the ofiider
or surveyor being so taken to sea, and also to a fine not exceeding
one hundred pounds, or, if the offence is not prosecuted in a
summary manner, not exceeding ten pounds for every day until
the officer or surveyor returns, or until such time as would enable
him after leaving the ship to return to the port from which' rue is
taken, and the expenses ordered to be paid may be recovered,"i like'
manner as the fine.
(3.) Where under this Act a ship is to be detained an 6ffic4 ''of
customs shall, and where under this Act a ship may be detained kn.'
officer of customs may, refuse to clear that ship outwards or to
grant a transire to that ship.
(4.) Where any provision of this Act provides that a ship may be
detained until any document is produced to the proper officer of
customs, the proper officer shall mean, unless the context otherwise;
requires, the officer able to grant a clearance or transire to'such'
ship
693. Where any court, ,justice of the or older rnag:strate, sums ordere
has power to make an order directing payment to be made of any tov e 'y p
seauran's wages, fines, or other sums of money, then,,.if, the, party so, distress on
directed to pay the same is the mastet or owner; of a ship, and, the. ship.
same is not paid at the time and; ins manner prescribed, in the,
order, the court, justice of the peace; or,tnggi4tate, rho made,t4e+
S ?78,
[Ca. 60.1 Merchumt Shrhlring Act, 1894. [57 & 58 VI T.]
A.D. 1804. order may, in addition to any other powers they may have for the
purpose of compeliing payment, direct the amount remaining
unpaid to be levied by distress or poinding and sale of the ship.
her tackle, furniture, and apparel.
Ecidence, Service: of Doeaiimeirts, onil Deeluru.tions.
Proof of 694. Where any document is required by this Act to be exe-
attestation not
acquired.
cuted in the presence of or to be attested by any witness or
witnesses, that document may be proved by the evidence of any
person who is able to bear witness to the requisite facts without
calling the attesting witness or the attesting witnesses or any of
them.
Admissibility
of documents
695.-(1.) Where a document is by this Act declared to be
in,evidence.
admissible in evidence, such document shall, on its production from
the proper custody, be admissible in evidence in any court or before
any person having by law or consent of parties authority to receive
evidence, and, subject to all just exceptions, shall be evidence of
the matters stated therein in pursuance of this Act or by any
officer in pursuance of his duties as such officer.
(2.) A copy of any such document or extract therefrom shall
also be so admissible in evidence if proved to be an examined copy
or extract, or if it purports to be signed and certified as a true
copy or extract by the officer to whose custody the original
document was entrusted, and that officer shall furnish such
certified copy or extract to any person applying at a reasonable
time for the same, upon payment of a reasonable sum for the same,
not exceeding fourpence for every folio of ninety words, but a
person shall be entitled to have--
(a) a certified copy of the particulars entered by the registrar in
the register book on the registry of the ship, together with a
certified statement showing the ownership of the ship at the
time being ; and
(b) a certified copy of any declaration, or document, a copy of
which is made evidence by this Act,
on payment of one shilling for each copy.
(3.) If any such officer wilfully certifies any document as being
a true copy or extract knowing the same not to be a true copy or
extract, lie shall for each offence be guilty of a misdemeanor, 'kind
be liable on conviction to imprisonment for any term not exceeding
eighteen months.
(4.) If any person forges the seal, stamp, or signature of any
document to which this section applies, or tenders in evidence any
such document with a false or counterfeit seal, stamp, or signature
thereto, knowing the same to be false or counterfeit, he shall for
each offence be guilty of felony, and be liable to penal servitude for
a term not exceeding seven years, or to imprisonment for a term
not exceeding two years, with or without hard labour, and when-
ever any such document has been admitted in evidence, the court
or the person who admitted the same may on request direct that
the same shall be impounded, and be kept in the custody of some
officer of the court or other proper person, for such period or subject
to such conditions as the court or person thinks fit.
[57 & 58 Via.] Merchant Shipping Act, 1894. [CH. 60.]
696.-(1.) Where for the purposes of this Act any document is A.D. 1894.
to be served on any person, that document may be served-
(a) in any case by delivering a copy thereof personally to the service of
documents.
person to be served, or by leaving the same at his last place of
abode ; and,
(b) if the document is to be served on the master of a ship,
where there is one, or on a person belonging to a ship, by
leaving the same for him on board that ship with the person
being or appearing to be in command or charge of the ship ;
and,
(c) if the document is to be served on the master of a ship,
where there is no master, and the ship is in the United
Kingdom, on the managing owner of the ship, or, if there is no
managing owner, on some agent of the owner residing in the
United Kingdom, or where no such agent is known or can be
found, by affixing a copy thereof to the mast of the ship.
(2.) If any person obstructs the service on the master of a ship
of any document under the provisions of this Act relating to the
detention of ships as unseaworthy, that person shall for each offence
be liable to a fine not exceeding ten pounds, and, if the owner or
master of the ship is party or privy to the obstruction, he shall in
respect of each offence be guilty of a misdemeanor.
697. Any exception, exemption, proviso, excuse, or qualifica- Proof, &c. of
tion, in relation to any offence under this Act, whether it does or exemption.
does not accompany in the same section the description of the
offence, may be proved by the defendant, but need not be specified
or negatived in any information or complaint, ,and, if so speci-
fied or negatived, no proof in relation to the matter so specified
or negatived shall be required on the part of the informant or
complainant.
698. Any declaration required by this Act to be taken before Declarations.
a justice of the peace or any particular officer may be taken before
a commissioner for oaths.
Application of Penalties and Costs of Prosecutions.
699.-(1.) Where any court, justice of the peace, or other Application of
magistrate, imposes a fine under this Act for which no specific penalties.
application is herein provided, that court, justice of the peace, or
magistrate, may if they think fit direct the whole or any part of
the fine to be applied in compensating any person for any wrong
or damage which he may have sustained by the act or default in"
respect of which the fine is imposed, or to be applied in or towards
payment of the expenses of the proceedings.
(2.) Subject to any directions under this section or to any specific
application provided under this Act, all fines under this Act shall,
notwithstanding anything in any other Act-
(a) if recovered in the United Kingdom, be paid into the
Exchequer in such manner as the Treasury may direct, and
be carried to and form part of the Consolidated Fund ; and
,(b) if recovered in any British possession, be paid over into the
public treasury of that possession, and form part of the public
revenue thereof.
S 2 275
[Cx. 60.] Merchant Shipping Act, 1894. [57 & 58 ViCT.]
A.D. 1894. 700. Where an offence under this Act is prosecuted as a mis-
demeanor, the court before whom the offence is prosecuted may in
Expenses England make the same allowances and order payment of the same
of prosecution
of misde- costs and expenses as if the offence were a felony, and in any other
meanor. part of Her Majesty's dominions may make such allowances and
order payment of such costs and expenses as are payable or allow-
able upon the trial of any misdemeanor or under any law for the
time being in force therein.
Payment of 701. Such costs and expenses of and incidental to any prosecu-
costs of pro-
secution of
tion for a felony or misdemeanor as are by law payable out of any
offences county or other local rate shall, where the felony or misdemeanor
committed has been committed within the jurisdiction of the Admiralty of
in Admiralty
jurisdiction.
England be paid in the same manner and subject to the same
regulations as if the felony or misdemeanor had been committed in
the county in which the same is heard and determined, or, where
the same is heard and determined at the Central Criminal Court,
as if the same had been committed in the county of London, and
all sums properly paid out of any county or other local rate in
respect of those costs and expenses shall be repaid out of money
provided by Parliament.
Procedure in Scotl+tnd.
Offences
punishable
702. In Scotland every offence which by this Act is described
as misde-
as a felony or misdemeanor may be prosecuted by indictment or
meanors. criminal letters at the instance of Her Majesty's Advocate before
the High Court of Justiciary, or by criminal libel at the instance of
the procurator fiscal of the county before the sheriff, and shall be
punishable with fine and with imprisonment with or without bard
labour in default of payment, or with imprisonment with or without
hard labour, or with both, as the court may think fit, or in the
case of felony with penal servitude where the court is competent
thereto ; and such court may also, if it think fit, order payment by
the offender of the costs and expenses of the prosecution.
Summary 703. In Scotland, all prosecutions, complaints, actions, or pro-
proceedings.
ceedings under this Act, other than prosecutions for felonies or
misdemeanors, may be brought in a summary form before the
sheriff of the county, or before any two justices of the peace of the
county or burgh where the cause of such prosecution or action
arises, or where the offender Or defender may be for the time, and
when of a criminal nature or for fines or penalties, at the instance
of the procurator fiscal of court, or at the instance of any party
aggrieved, with concurrence of the procurator fiscal of court ; and
the court may, if it think fit, order payment by the offender or
defender of the costs of the prosecution or action.
Form of
complaint.
704. Where in any summary proceedings under this Act in
Scotland any complaint or action is brought in whole or in part for
the enforcement of a pecuniary debt or demand, the complaint may
contain a prayer for warrant to arrest upon the dependence.
Warrants on
summary
705. On any summary proceedings in Scotland the deliverance
proceedings.
of the sheriff clerk or clerk of the peace shall contain warrant to
arrest upon the dependence in common form, where that warrant
276
[57 & 58 VICT.] Merchant Shipping Act, 1894. [OH. 60.]
has been prayed for in the complaint or other proceeding : Provided A.D. 1894
always, that where the apprehension of any party, with or without
a warrant, is authorised by this Act, such party may be detained in
--
custody until he can be brought at the earliest opportunity before
any two justices or the sheriff who may have jurisdiction in the
place, to be dealt with as this Act directs, and no citation or
inducioe shall in such case be necessary.
706. When it becomes necessary to execute such arrestment on Backing
the dependence against goods or effects of the defender within arrestments.
Scotland, but not locally situated within the jurisdiction of the
sheriff or justices of the peace by whom the warrant to arrest has
been granted, it shall be competent to carry the warrant into
execution on its being endorsed by the sheriff clerk, or clerk of the
peace of the county or burgh respectively within which such
warrant comes to be executed.
707. Where on any summary proceedings in Scotland there is Form of
a decree for payment of any sum of money against a defender, decree for
payment of
the decree shall contain warrant for arrestment, poinding, and pay 3
imprisonment in default of payment.
708. In all summary complaints and proceedings for recovery Sentence and in
of any penalty or sum of money in Scotland, if a defender who has penalties
default of
been duly cited shall not appear at the time and place required by defender's
the citation, he shall be held as confessed, and sentence or decree appearance.
shall be pronounced against him in terms of the complaint, with
such costs and expenses as to the court shall. seem fit Provided
:
that he shall be entitled to obtain himself reponed against any

such decree at any time before the same be fully implemented, by
lodging with the clerk of court a reponing note, and consigning in
his hands the sum decerned for, and the costs which had been
awarded by the court, and on the same day delivering or trans-
mitting through the post to the pursuer or his agent a copy of such
reponing note ; and a certificate by the clerk of court of such note
having been lodged shall operate as a sist of diligence till the cause
shall have been reheard and finally disposed of, which shall be on
the next sitting of the court, or on any day to which the. court
shall then adjourn it.
709. No order, decree, or sentence pronounced by any sheriff orders not to
quashed
or justice of the peace in Scotland under the authority of this Act f
-shall be quashed or vacated for any misnomer, informality, or defect form and to
of farm ; and all orders, decrees, and sentences so pronounced shall be final.
be final and conclusive, and not subject to suspension, reduction, or
to any form of review or stay of execution, except on the ground
of corruption or malice on the part of the sheriff or justices, in
which case the suspension, or reduction must be brought within
fourteen days of the date of the order, decree, or sentence com-
plained of : Provided that no stay of execution shall be competent
to the effect of preventing immediate execution of such order,
decree, or sentence.
710. Nothing in this Act shall be held in any way to annul or Generalso far as
rules,
restrict the common law of Scotland with regard to the prosecution applicable, to
or punishment of offences at the instance or by the direction of the extend to
277
Merchant Shipping Act, 1894. [57 & 58 VICT.)
-
A.D. 1894. Lord Advocate, or the rights of owners or creditors in regard
penalties and
ings in
to
enforcing a judicial sale of any ship and tackle, or to give to the
High Court in England any jurisdiction in respect of salvage in
Scotland. Scotland which it has not heretofore had or exercised.
Prosecution of Offences in Colonies.

Prosecution of 711. Any offence under this Act shall, in any British possession,.
offeuqes in be punishable by any court or magistrate by whom an offence of a
sin
session.
pos-
like character is ordinarily punishable, or in such other manner as
may be determined by any Act or ordinance having the force of
law in that possession.
Application of Part XIII.

Application of 712. This Part of this Act shall, except where otherwise provided;.
Part xiu. apply to the whole of Her Majesty's dominions.
PART XIV.
SUPPLEMENTAL.
General Control of Board of Trade.

Superintei:- 713. The Board of Trade shall be the department to undertake
dence of the general superintendence of all matters relating to merchant
merchant
shipping by
shipping and seamen, and are authorised to carry into execution
Board of the provisions of this Act and of all Acts relating to merchant
Trade. shipping and seamen for the time being in force, except where.
otherwise provided by those Acts, or except so far as those Acts.
relate to the revenue.
Returns as to 714. All consular officers and officers of customs abroad, and all
merchant local marine boards and superintendents, shall make and send to
shipping to
Board of the Board of Trade such returns or reports on any matter relating
Trade. to British merchant shipping or seamen as the Board may require.
Production 715. All superintendents shall, when required by the Board
of og-books, of Trade, produce to that Board or to its officers all official log-
&c. by super-
intendents. books and other documents which are delivered to them under
this Act.
Application 716.-(1.) All fees and other sums (other than fines) received
of fees, fines, by the Board of Trade under the Second, Fourth, and Flrfth Parts
&c.
of this Act shall be carried to the account of the Mercantile
Marine Fund.
(2.) All fines coming into the hands of the Board of Trade under
this Act shall be paid into the Exchequer as the Treasury may
direct, and shall be carried to and form part of the Consolidated
Fund.. ,
Legal pro= 717. The Board of Trade may take any legal proceedings under
ceedings. this Act in the name of any of their officers..
273
[57 & 58 VICT.] Merchant Shipping Act, 1894. [CH, 60.]
Expenses of Commissioners of Customs. A.D. 1894.
718. All expenses incurred by the Commissioners of Customs in Expenses in-
the conduct of suits or prosecutions, or otherwise in carrying into commiey
effect the provisions of this Act, shall be considered as expenses sioners of
having reference to the Revenues of Customs, and shall be paid Customs.
accordingly ; but the Board of Trade may, with the consent of the
Treasury, repay out of the Mercantile Marine Fund all or any part
of such of the expenses so paid as are under,this Act chargeable on
that fund.
Documents and Forms.
719. All documents purporting to be made, issued, or written by Proof of
or under the direction of the Board of Trade, and to be sealed with documents
the seal of the Board, or to be signed by their secretary or one of
their assistant secretaries, or, if a certificate, by one of the officers
of the Marine Department, shall be admissible iii evidence in manner
provided by this Act.
720.-M) Subject to any special provisions of this Act the Power ofof
Board of Trade may prepare and sanction forms for any book, Board Trade to
instrument, or paper required under this Act, other than those prescribe-
required under the First Part of this Act, and may make such forms.
alterations in these forms as they think fit.
(2.) The Board shall cause every such form to be sealed with their
seal or marked with some other distinguishing mark, and before
finally issuing any form or making any alteration in a form shall
cause public notice thereof to be given in such manner as the
Board think requisite in order to prevent inconvenience.
(3.) The Board of Trade shall cause all such forms to be supplied
at all custom houses and mercantile marine offices in the United
Kingdom, free of charge, or at such moderate prices as the Board
may fix, or the Board may license any persons to print and sell the
forms.
(4.) Every such book, instrument, or paper, required under this
Act shall be made in the form (if any) approved by the Board of
Trade, or as near thereto as circumstances permit, and unless so
made shall not be admissible in evidence in any civil proceeding on
the part of the owner or master of any ship.
(5.) Every such book, instrument, or paper, if made in a form
purporting to be the proper form, and to he sealed or marked in
accordance with this section, shall be deemed to be in the form
required by this Act unless the contrary is. proved.
721. T+-, following instruments shall be exempt from stamp Exemption
duty:- duty.
from stamp
(a.) Any instruments used for carrying into effect the First Part
of this Act ; and
(b.) Any instruments used by or under the direction of the
Board of Trade in carrying into effect the Second, Fifth,
Eleventh, and Twelfth Parts of this Act; and
(c.) Any instruments which are by those Parts of this Act
required to be in a form approved by the Board of Trade, if
made in that form.
279
A.D. 1894. 722.-(1.) If any person-

(a) forges, assists in forging, or procures to be forged, the seal or
offences as to any other distinguishing mark of the Board of Trade on any
use of forms.
form issued by the Board of Trade under this Act ; or
(b)fraudulently alters, or assists in fraudulently altering, or
procures to be fraudulently altered, any such form,
demeanor.
(2.) If any person-
(a) when a form approved by the Board is, under the Second Part
of this Act, required to be used, uses without reasonable cause
a form not purporting to be a form so approved; or
(b) prints, sells, or uses any document purporting to he a form
approved by the Board of Trade, knowing the same not to be
the form approved for the time being, or not to have been
prepared or issued by the Board of Trade,
that person shall, for each offence, be liable to a fine not exceeding
ten pounds.
Powers for enforcing Compliance with Act.
Powers for
seeing that
723.-(1.) Where any of the following officers; namely,--
Act is com- any officer of the Board of Trade,
plied with. any commissioned officer of any of Her Majesty's ships on full
pay,
any British consular officer,
the Registrar-General of Shipping and Seamen or his assistant,
any chief officer of customs in any place in Her Majesty's
dominions, or
any superintendent,
has reason to suspect that the provisions of this Act, or any law for
the time being in force relating to merchant seamen or navigation,
is not complied with, that officer may-
(a) require the owner, master, or any of the crew of any British
ship to produce any official log-books or other documents
relating to the crew or any member thereof in their respective
possession or control ;
(b) require any such master to produce a list of all persons on
board his ship, and take copies of the official log-books, or
documents, or of any part thereof ;
(c) muster the crew of any such ship; and
(d) summon the master to appear and give any explanation
concerning the ship or her crew or the official log-books or
documents produced or required to be produced.
(2.) If any person, on being duly required by an officer authorise
under this section, fails without reasonable cause to produce to that
officer any such official log-book or document as he is required to
produce under this secti.bn, or refuses to allow the same to be
inspected or copied, or impedes any muster of the crew required
under this section, or refuses or neglects to give any explanation
which he is required under this section to give, or knowingly mis-
leads or deceives any officer authorised under this section to demand
any such explanation, that person shall for each offence be liable to
a fine not exceeding twenty pounds.
280
[57 & 58 VICT.] Merchant Shipping Act, 1894. [C$. 60.]
Surveyors of Ships. A.D. 1894.
724.-(1.) The Board of Trade may, at such ports as they think Appointment
fit, appoint either generally or for special purposes, and on special of surveyors.
occasion, any person they think fit to be a surveyor of ships for the
purposes of this Act, and a person so appointed (in this Act referred
to as a surveyor of ships) may be appointed either as a shipwright
surveyor or as an engineer surveyor or as both.
(2.) The Board of Trade may also appoint a surveyor-general of
ships for the United Kingdom.
(3.) The Board of Trade may remove any surveyors of ships
and fix and alter their remuneration, and. may make regulations
as to the performance of their duties, and in particular as to the
manner in which surveys of passenger steamers are to be made,
as to the notice to be given by them when surveys are required,
and as to the amount and payment of any travelling or other
expenses incurred by them in the execution of their duties, and
may by such regulations determine the persons by whom and the
conditions under which the payment of those expenses is to be
made.
(4.) If a surveyor of ships demands or receives directly or in-
directly any fee, remuneration, or gratuity whatever in respect of
any duties performed by him under this Act otherwise than by
the direction of the Board of Trade, he shall for each offence be
(5.) The duties of a surveyor of ships shall be performed under
the direction of the Board of Trade, and in accordance with the
regulations made by that Board.
725.-(1.) A surveyor of ships in the execution of his duties may Power of
go on board any steamship at all reasonable times and inspect the surveyor fore
purpose of
same or any part thereof, or any of the machinery, boats, equipments, survey of
or articles on board thereof, or any certificates of the master, mate, ships.
or, engineer to which the provisions of this Act or any of the
regulations made under this Act apply, not unnecessarily detaining
or delaying the ship from proceeding on any voyage, and if in
consequence of any accident to the ship or for any other reason
they consider it necessary so to do, may require the ship to be
taken into dock for the purpose of surveying the hull thereof.
(2.) If any person hinders any surveyor of ships from going
on board any steamship or otherwise impedes him in the execution
of his duties under this Act, that person shall for each offence be
726.-(1.) Surveyors of ships shall make such returns to the Returns by
surveyors to
Board of Trade as that Board may require with respect to the
build, dimensions, draught, burden, rate of sailing, room for fuel, TT
Board
and the nature and particulars of machinery and equipments of
ships surveyed by them.
(2.) The owner, master, and engineer of any ship so surveyed
shall, on demand, give to the surveyors all such information and
assistance within his power as they require for the purpose of
those returns.
281
[Ca. 60.] Merchant Shipping Act, 1894. [57 & 58 Vta'r.]
A.D. 1894. (3.) If any owner, master, or engineer, on being applied to for
that purpose, fails without reasonable cause to give any such infor-
mation or assistance, he shall for each offence be liable to a fine
Appointment 727. The governor of a British possession may appoint and
of surveyors
remove surveyors of ships within the limits of the possession for
in colonies.
any purposes of this Act to be carried into effect in that possession.
Board of Trade liupectors.

Appointment 728. The Board of Trade may as and when they think fit
of inspectors appoint any person as an inspector to report to them-
to report on
accidents, &e. (a) upon the nature and causes of any accident or damage which
any ship has sustained or caused, or is alleged to have sustained
or caused ; or
(b) whether the provisions of this Act, or any regulations
made under or by virtue of this Act, have been complied
with ; or
(c) whether the hull and machinery of any steamship are.
sufficient and in good condition.
Powers of 728.--(1.) An inspector so appointed (in this Act referred to
inspectors.
as a Board of Trade inspector) and any person having the powers
of a Board of Trade inspector-
(a) may go on board any ship and inspect the same or any part
thereof, or any of the machinery, boats, equipments, or articles
on board thereof to which the provisions of this Act apply, not
unnecessarily detaining or delaying her from proceeding on
any voyage; and
(b) may enter and inspect any premises the entry or inspection
of which appears to him to be requisite for the purpose of the
report which he is directed to make ; and
(c) may, by summons under his hand, require the attendance of
all such persons as he thinks fit to call before him and examine
for the purpose of his report, and may require answers or
returns to any inquiries he thinks fit to make; and
(d) may require and enforce the production of all books, papers,
or documents which lie considers important for the purpose of
his report; and
(e) may administer oaths, or may, in lieu of requiring or
administering an oath, require every person examined by him
to make and subscribe a declaration of the truth of the
statements made by him in his examination.
(2.) Every witness summoned under this section shall be allowed
such expenses as would be allowed to a witness attending on sub-
poena to give evidence before any court of record, or if in Scotland
to a witness attending on citation the Court of Justiciary ; and
in case of any dispute as to the amount of those expenses, the
same shall be referred in England or Ireland to one of the masters
or registrars of the High Court, and in Scotland to the Queen's
and Lord Treasurer's Remembrancer, and the officer shall, on request
made to him for that purpose under the hand of the inspector or
282
[57 & 58 VicT.] Merchant Shipping Act, 1894, [CH. 60.1
person having the powers of an inspector, ascertain and certify the A.D.' 1894.
proper amount of those expenses.,
(3.) If any person refuses to attend as a witness before a 'Board
--
of Trade inspector or before any person having the powers of a
Board of Trade inspector, after having been required to do so in
manner provided by this section and after having had a tender
made to him of the expenses (if any) to which he is entitled under
this section, or refuses or neglects to make any answer, or to give
any return, or to produce any document in his possession, or, to
make or subscribe any declarations which an inspector or person
having the powers of an inspector is hereby empowered to require,
ten pounds.
730. If any person wilfully impedes a Board of Trade inspector Penalty for
or any person having the powers; of a Board of Trade inspector in obstructing
the execution of his duty, whether on board a ship or elsewhere, theexecution
that person shall for each ofl:encp be liable to a fine not exceeding of their duty.
ten pounds, and may be seized and detained by the inspector or
person having the powers of an inspector, or by any person or
persons whom that inspector or person may call to his assistance,
until he can be conveniently taken before some justice of the peace
or other officer having proper jurisdiction.
Exemption from Rates and Harbour Dues.

731. All lighthouses, buoys, beacons, and all light dues, and Exemption
other rates, fees, or payments accruing to or forming part of the from rates.
Mercantile Marine Fund, and all premises or property belonging to
or occupied by any of the general lighthouse authorities or by the
Board of Trade, which are used or applied for the purposes of any
of the services for which those dues, rates, fees, and payments are
received, and all instruments or writings used by or under the
direction of any of the general lighthouse authorities or of the
Board of Trade. in carrying on those services, shall be exempted
from all public, parochial, and local taxes, duties, and rates of every
kind.
732. All vessels belonging to or used by any of the general Exemption
lighthouse authorities or the Board of Trade shall be entitled from harbour
dues.
to enter, resort to, and use any harbours, ports, docks, or piers in
the United Kingdom without payment of any tolls, dues, or rates
of any kind.
Private Signals.
733.-(1.) If a shipowner desires to use for the purpose of a Registration
private code any rockets, lights, or other similar signals, he may of private code
register those signals with the Board of Trade, and that Board of signals.
give public notice of the signals so registered in such, manner
as they think requisite for preventing those signals from` being
mistaken for signals of distress or signals for pilots.
(2.) The Board may refuse to register any signals which in their
opinion. cannot easily be distinguished from, signals of distress or
signals for pilots.
283
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 Via]
A.D. 1894. (3.) Where a signal has been registered under this section, the
use or display thereof by any person acting under the authority of
the shipowner in whose name it is registered shall not subject any
person to any fine or liability under this Act for using or displaying
signals improperly.
Application of Act to Foreign Shipe by Order in Council.

Application 734. Where it has been made to appear to Her Majesty that
by Order in the government of any foreign country is desirous that any of the
Council of
provisions of provisions of this Act, or of any Act hereafter to be passed amend.
Merchant ing the same, which do not apply to the ships of that country,
Shipping Acts should so apply and there are no special provisions in this Act for
to foreign
ships. that application, Her Majesty in Council may order that such of
those provisions as are in the Order specified shall (subject to the
limitations, if any, contained therein) apply to the ships of that
country, and to the owners, masters, seamen, and apprentices of
those ships, when not locally within the jurisdiction of the govern-
ment of that country, in the same manner in all respects as if those
ships were British ships.
Powers of Colonial Legislature.
Power of 735.-(1.) The legislature of any British possession may by

colonial any Act or Ordinance, confirmed by Her Majesty in Council, repeal,
legislatures
to alter pro- wholly or in part, any provisions of this Act (other than those of
visions of Act. the Third Part thereof which relate to emigrant ships), relating to
ships registered in that possession ; but any such Act or Ordinance
shall not take effect until the approval of Her Majesty has been
proclaimed in the possession, or until such time thereafter as may
be fixed by the Act or Ordinance for the purpose.
(2.) Where any Act or Ordinance of the legislature of a British
possession has repealed in whole or in part as respects that posses-
sion any provision of the Acts repealed by this Act, that Act or
Ordinance shall have the same effect in relation to the corresponding
provisions of this Act as it had in relation to the provision repealed
by this Act.
Regulation of 736. The legislature of a British possession, may, by any Act
coasting trade or Ordinance, regulate the coasting trade of that British possession,
leg
tal
sislature.
subject in every case to the following conditions :-
(a.) The Act or Ordinance shall contain a suspending clause
providing that the Act or Ordinance shall not come into
operation until Her Majesty's pleasure thereon has been
publicly signified in the British possession in which it has
been passed:
(b.) The Act or Ordinance shall treat all British ships (including
the ships of any other British possession) in exactly the same
manner as ships of the' British possession in which it is
made :
82 & 33 Viet. (c.) Where by treaty made before the passing of the Merchant
c. 11.
Shipping (Colonial) Act, 1869 (that is to say, before the
284
[57 & 58 VICT] Merchant Shipping Act, 1894. [Cs. 60.]
thirteenth day of May eighteen hundred and sixty-nine), Her A.D.

Majesty has agreed to grant to any ships of any foreign
state any rights or privileges in respect of the coasting trade
of any British possession, those rights and privileges shall be
- 1894.
enjoyed by those ships for so long as Her Majesty has already

agreed or may hereafter agree to grant the same, anything in
the Act or Ordinance to the contrary notwithstanding.
Provision for Foreign Places where Her Majesty has Jurisdiction.

737. Where under this Act anything is authorised to be done by Provision foT
to or before a British consular officer, and in any place outside Her foreign places
where Her
Majesty's dominions in which Her Majesty has jurisdiction there is Majesty has
no such officer, such thing may be done in that place by to or before jurisdiction.
such officer as Her Majesty in Council may direct.
Orders in Council.
738.-(l.) Where Her Majesty has power under this Act, or any Provision as
to Orders in
Act hereafter to be passed amending the same, to make an Order Council.
in Council, Her Majesty may from time to time make that Order
in Council, and by Order in Council revoke alter or add to any
Order so made.
(2.) Every such Order in Council shall be published in the
London Gazette, and shall be laid before both Houses of Parlia-
ment within one month after it is made, if Parliament be then
sitting, or if not, within one month after the then next meeting of
Parliament.
(3.) Subject to any special provisions of this Act, upon the pub-
lication of any such Order the Order shall, as from the date of the
publication or any later date mentioned in the Order, take effect as
if it were enacted by Parliament.
Transmission and Publication of Documents.

739.-(1.) Where by this Act any notice, authority, order, Notices, be in
&c.
direction, or other communication is required or authorised to be towriting and
given or made by the Board of Trade, or the Commissioners of provision as
Customs, or the governor of a British possession, to any person not to sending
being an officer of such Board, or Commissioners, or governor, the by post.
same shall be given or made in writing.
(2.) Where any notice or document is by this Act required or
authorised to be transmitted or sent, the same may be transmitted
or sent by post.
740. Where a document is required by this Act to be published Publication
in London
in the London Gazette, it shall be sufficient if notice thereof is Gazette.
published in accordance with the Rules Publication Act, 1893. 56 & 57 Pict.
c. 66.
Exemption of Her Majesty's Ships.

741. This Act shall not, except where specially provided, apply EemptQn. of
to ships belonging to Her Majesty. ships.
285
A.D. 1894. Definitions and Provisions aR to Application of Act,

Definitions. 742. In this Act, unless the context otherwise requires, the
following expressions have the meanings hereby assigned to them ;
(that is to say,)
" VESSEL " includes any ship or boat, or any other description of
vessel used in navigation ;
" SHIP "includes every description of vessel used in navigation
not propelled by oars ;
"FOREIGN-GOING SHIP" includes every ship employed in trading
or going between some place or places in the United
Kingdom, and some place or pLices situate beyond the
following 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 employed in trading or
going within the following limits ; that is to say, 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 any ship ;
" SEAMAN " includes every person (except masters, pilots, and
apprentices duly indentured and registered), employed or
engaged in any capacity on board any ship ;
"WAGES" includes emoluments ;
" EFFECTS " includes clothes and documents ;
" SALVOR " means, in the case of salvage services rendered by the
officers or crew or part of the crew of any ship belonging to
Her Majesty, the person in command of that ship;
PILOT" means any person not belonging to a ship who has the,
conduct thereof;
" COURT" in relation to any proceeding,includes any magistrate
or justice having jurisdiction in the matter to which the
proceeding relates;
" COLONIAL COURT OF ADMIRALTY " has,,.t1 same meaning as in
53 & 54 Viet. the Colonial Courts of Admiralty At, 4890;
c. 27.
" A COMMISSIONER FOR OATHS " means a commissioner for oaths
52 & 53 Viet. within the meaning of the Commissioners for Oaths Act,
C. Io. 1889 ;
"CHIEF OFFICER OF Cus'roMs '' rinelndeg, the-collector, superin-

tt-ndent, principal coast officer, or other chief officer of
customs at e,ich port ; ,..
" SUPERINTENDENT " shall, so far as r08 eCLs a British possession,

ineltide any shipping master or othet ollider' discharging in
that possession the duties of a super`Mtbtid'ent "
"6
,T57 &.58 VICT.] Merchant Shipping Act, 1894. [CH, 60.]
"CONSULAR OFFICER,"
means the officer recognised by Her Majesty as a consular
officer of that foreign country ;
,,BANKRUPTCY" includes insolvency;
-
when used in relation to a foreign country, A.D. 1894.
"REPRESENTATION" means probate, administration, confirm ation,

or other instrument constituting a person the executor,
administrator, or other representative of a deceased person ;
"LEGAL PERSONAL REPRESENTATIVE" means the person so con-
stituted executor, administrator, or other representative, of a
deceased person ;
NAME" includes a surname ;
" PORT " includes place ;
" HARBOUR " includes harbours properly so called',, whether
natural or artificial, estuaries, navigable rivers, piers, jetties,
and other works in or at which ships can obtain shelter, or
ship and unship goods or passengers ;
"TIDAL WATER" means any part of the sea and any part of a
river within the ebb and flow of the tide at ordinary spring
tides, and not being a harbour ;
" HARBOUR AUTHORITY" includes all persons or bodies of
persons, corporate or unincorporate, being proprietors of, or
intrusted with, the duty or invested with the power of
constructing, improving, managing, regulating, maintaining.
or lighting a harbour ;
" CONSERVANCY AUTHORITY " includes all persons or bodies of
persons, corporate or unincorporate, intrusted with the duty
or invested with the power of conserving, maintaining, or
improving the navigation of a tidal water;
LIGHTHOUSE " shall in addition to the ordinary meaning of
the word include any floating and other light exhibited
for the guidance of ships, and also any sirens and any other
description of fog signals, and also any addition to a light-
house of any improved light, or any siren, or any description
of fog signal ;
" BUOYS AND BEACONS " includes all other marks and signs of the
sea ;
" THE TRINITY HOUSE " shall mean the master wardens and
assistants of the guild, fraternity, or brotherhood of the most
glorious and undivided Trinity and of St. Clement in the
parish of Deptford Strond in the county of Kent, commonly
called the corporation of the, Trinity House of Deptford
Strond ;
" THE COMMISSIONERS OF IRISH LIGHTS " means the body incor-
porated by that name under the local Act of the session held
in the thirtieth and thirty-first years of the reign of. Her
present Majesty, chapter eighty-one, intituled "An Act to
" alter the constitution, of the Corporation for preserving
" and improving the Port of Dublin and for other purposes
connected with that body and with the Port of Dublin
Corporation,' and any Act amending the-game;
287
A.D. 1804. "LIFEBOAT SERVICE" means the saving, or attempted saving of

vessels, or of life, or property on board vessels, wrecked or
aground or sunk, or in danger of being wrecked or getting
aground or sinking.
Any reference to failure to do any act or thing shall include a
reference to refusal to do that act or thing.
Application of 743. Any provisions of this Act applying to steamers or steam-
Act to ships
propelled by ships shall apply to ships propelled by electricity or other
electricity, &c. mechanical power with such modifications as the Board of Trade
may prescribe for the purpose of adaptation.
Application 744. Ships engaged in the whale, seal, walrus, or Newfoundland
of Act to
certain fishing
cod fisheries shall be deemed to be foreign-going ships for the pur-
vessels. pose of this Act, and not fishing boats, with the exception of ships
engaged in the Newfoundland cod fisheries which belong to ports
in Canada or Newfoundland.
Repeal and Savings.

Repeal. 745.-(1.) The Acts mentioned in the Twenty-second Schedule
to this Act are hereby repealed to the extent specified in the third
column of that schedule.
Provided hat-
(a.) Any Order in Council, licence, certificate, byelaw, rule, or
regulation made or granted under any enactment hereby
repealed shall continue in force as if it had been made or
granted under this Act ;
(b.) Any officer appointed, any body elected or constituted, and
any savings bank or office established, under any enactment
hereby repealed shall continue and be deemed to have been
appointed, elected, constituted, or established, as the case may
be, under this Act ;
(c.) Any document referring to any Act or enactment hereby
repealed shall be construed to refer to this Act, or to the
corresponding enactment of this Act ;
(d.) Any penalty may be recovered, and any offence may be
prosecuted, under any provision of the Merchant Shipping Acts,
1854 to 1892, which is not repealed by this Act, in the same
manner as fines may be recovered and offences prosecuted
under this Act ;
17 & 18 Viet. (e.) Ships registered under the Merchant Shipping Act, 1854,
c. 120. and the Acts amending the same, or duly registered before the
passing of the Merchant Shipping Act, 1854, shall be deemed
to have been registered under this Act ;
57 & 58 Viet. (f.) Nothing in this Act shall affect the Behring Sea Award Act,
c. 2.
1894, and that Act shall have effect as if this Act had not
passed.
(2.) The mention of particular matters in this section shall not
be held to prejudice or affect the general application of section
52 & 53 Vitt. thirty-eight of the Interpretation Act, 1889, with regard to the
C. 63. effect of repeals.
(3.) The tonnage of every ship not measured or renieasured in
52 & 53 V:ct. accordance with the Merchant Shipping Tonnage Act, 1889, shall
A-1
288
[57 & 58 ViOT.] Merchant,Shipping,Act, 1894. [Cu; gp;]
be estimated for all purposes as if any deduction prohibited A.D. 1894.

by the Merchant Shipping (Tonnage) Act, 1889, had not been
made, and the particulars relating to the ship's tonnage in the
registry book and in her certificate of registry shall be corrected
-
accordingly.
746.-(1.) Nothing in this Act shall affect the Chinese Pas- Savings.
sengers Act, 1855. 18 & 19 Viet.'
(2.) Any local Act which repeals or affects any provisions of the c. 104.
Acts repealed by this Act shall have the same effect on the cor-
responding provisions of this Act as it had on the said provisions
repealed by this Act
(3.) Nothing in this Act shall affect the rating of any seaman
who was rated and served as A.B. before the second day of August
one thousand eight hundred and eighty.
Short Title and Commencement.

747. This Act may be cited as the Merchant Shipping Act, Short title.
1894.
748. This Act shall come into operation on the first day of Commence-
January one thousand eight hundred and ninety-five. went.
SCHEDULES.
FIRST SCHEDULE.
PART I.
[The Forms in this Part of the Schedule cwe subject to alteration
from time to time by the Commissioners of Customs, with the
consent of the Board of Trade.]
FORM A.-BILL OF SALE. Sections 24;-
31, 37, 65:,
Official No. Name of Ship. No., Date, and Port of Registry.
No., Date, and Port of previous Registry (if any).
Whether British Whether a Sailing or Steam 1. h ere When Name and Address
f and if a Steam
I
or Foreign Ship built. built . i of Builders;
built. Ship how propelled.
Length from fore part of Stem, under the Feet. Tenths,

bowsprit, to the aft side of the. Head of
the Stern-post -
Length at quarter of depth from top of
weather deck at side amidships to bottom
Head - of keel -
No. of Decks Framework and Mainbreadth to outside of Plank
No. of Masts description of Depth in Hold from Tonnage. Deck to Ceil
vessel ing at Midships
Rigged- No. of Bulkheads Depth in Hold from Upper Deck to Ceiling
Stern No. of water bal- at Midships in the case of three Decks
last tanks and and upwards
Build their capacity
-
in tons - -
Depth from top of Beam amidships to top
Galleries of Keel
Depth from top of Deck at side amidships
to bottom of Keel - -
Round of Beam
Length'of Engine Room, if';any -
T 289
PARTICULARS OF DISPLACEMENT.
A.D. 1894.
Total to quarter the depth from weather deck I Ditto per inch immersion at same
at side amidships to bottom of keel . tons. depth - - tons.
PARTICULARS OF ENGINES (if any).
Whether I Nameand No. of and Length ,N. H. P.,

No. of Description . British or When Address Diameter of I H. P.,
Engines Foreign made. of of Stroke.' Speed of
mad e. Makers. Cy linders. P
Engines. Engines. Engines.
Boilers. Boilers. Boilers.

Number
Iron or Steel - - -
Pressure when loaded
PARTICULARS OF TONNAGE.
No. of No. of
GROSS TONNAGE. DEDUCTIONS ALLOWED.
Tons. Tons.
Under Tonnage Deck - On account of Space required for Pro-
Closed-in Spaces above the Tonnage pelling Power - - -
Deck, if any : On account of Spaces occupied by Seamen
PSpace or Spaces between Deck or Apprentices, and appropriated to
their use, and certified under the regu-
Forstle - - lations scheduled to this Act. These
Round house - Spaces are the following, viz.:
Other closed-in Spaces, Spaces for
Machinery, Light and Air, if On account of space used exclusively for
any - - accommodation of master, for the working
of the helm, the capstan and the anchor
gear, or for keeping the charts, signals
and other instruments of navigation, and
boatswains stores, and for space occupied
by donkey engine and boiler, and in case
of sailing ships for space used for storage
of sails - - r
Cubic Metres. I
Gross Tonnage
Deductions as per Contra -
Registered Tonnage Total Deductions -
"I"or"we." *
t "Me"or"us."
1
1,1or " we."
11
in consideration of the sum of paid tot
Myself and my" or
"ourselves and our." by the receipt whereof is hereby acknowledged,
II "His," "her," or transfer shares in the ship above particularly
" their."
"I"or
¶ "we." described, and in her boats, guns, ammunition, small arms, and
ot.
any appurtenances, to the said
Misting Mortgage
standing Certificate of
Mortgage, add "save as
a pears by the Registry
ofthe said Ship." for§
Further$ the said --------...
____-heirs covenant with the said
_
NOTE.-A Purchaser of andil assigns, that¶ have power to transfer in manner

a Registered British
Vessel does not obtain aforesaid the premises herein-before expressed to be transferred, and
a complete title until
the Bill of Sale has been that the same are free from incumbrancesi1F
recorded at the Port of
Registry of the Ship;
and neglect of this pre-
In witness whereof ha hereunto subscribed
caution may entail name and affixed seal this day
serious consequences. of_.. One thousand eight hundred and
Executed by the above-named
in the presence of I
290
[57 & 58 VicT.] Merchant Shipping Act, 1894. [CH. 60.1
FORM B.-MORTGAGE. A.D. 1894.
[Insert description of ship and particulars as in Bill of Sale.]

i. To SECURE PRINCIPAL SUM AND INTEREST.
(a) the undersigned (®) "I" or " we."
in consideration of_ -this day lent to (b) b) ` Me" or "us."
by do hereby for (e)_
heirs covenant with the said
and (d)--
firstly
selves.
(d) 11 My
Myself " or
" or "our."
" our.
That (a) or (d) heirs, executors, or adminis-

trators, will pay to the said the said sum
of together with interest thereon at the rate
of -per cent. per annum on the day of
next; and secondly, that if the said principal sum is not paid on the
said day (a) or (d) heirs, executors, or
administrators, will, during such time as the same or any part
thereof remains unpaid, pay to the said
interest on the whole or such part thereof as may for t e time being
remain unpaid, at the rate of per cent. ker annum, by
equal half-yearly payments on the day
and day of in every year; and for better a
(°), "I am" or "we
securing to the said the repayment in manner (f) Insert the day
aforesaid of the said principal sum and interest (a) hereby fixed for payment of
principal as above.
mortgage to the said shares, of which (g)f' any prior in.
enab save
(e) the Owner in the Ship above particularly appeariby
dd
described, and in her boats, guns, ammunition, small arms, and Registry of the said
appurtenances. Lastly, (a). for (o)_ -and Ship."
heirs, covenant with the said

and assigns that (a) ha power
to mortgage in manner aforesaid the above-mentioned shares, and NOTE.-The prompt re.
that the same are free from incumbrances (g) gistration of a Mort.
In witness whereof (a) ha hereto subscribed of Registry of the Ship
is essential to the
d name and affixed d seal security of the Mort.
this day of One thousand eight hundred gagee, as a Mortgage
takes its priority from
and the date of production
for registry, not from
Executed by the above-named the date of the instru-
in the presence of ment.
ii. To SECURE ACCOUNT CURRENT, &C.

(&) Here state by way
Whereas (a) of recital that there is an
current between
Now (b) the undersigned thMorag(s
e
ing him) and the Mort.
remises fore
in consideration of the premises and (d gagee (describing him)
heirs, covenant with the said and (e) and describe the' nature
transaction
assigns, to pay to him or them the sums for the time being due on ow thee amount
show how
this security, whether by way of principal or interest, at the times of principal and interest
due at any given time is
and manner aforesaid. And for the purpose of better securing to the to be ascertained, and
the manner and time of
said the payment of such sums as last pa ment.
aforesaid, (b) do hereby mortgage to the said b
I " or "we."
f in the ShipP "Myseii" or "our-
shares, of which O the Owner selves."
above particularly described, and in her boats, guns, ammunitions, (e My" or `° our."
11
small arms, and appurtenances. (f)
are.,,
"I am or we
Lastly, (b) for (o) and (d) heirs, (e) If any prior in.
aemsbranc
covenant with the said and (e) assigns ea add,by"save
ppe
that (b) ha power to mortgage in manner aforesaid " Registry
a of the said
"ship "
the above-mentioned shares, and that the same are free from incum- NOTE.-The prompt re-
gistration of a Mort.
brances (8) gage Deed at the Port
T 2 291
[CI.. 60.] Merchunt Shipping Act, 1894. [57 & 58 VicT.11
A.D. 1894. In witness whereof (') lilt hereto subscribed

(1h)--
name- and atlixed i,') seal
of Registt;v of the Ship this day of One thousand eight hundred
is essential to the
security of the Mort- and
gagee, as a Mortgage
takes its priority from Executed by the above-named
the date of praluction in the presence of
for registry. not f1om11
the date of the ioastru-
ment.
(") I" or " we."
(,) My"or"our." FORM C.-TRANSFER OF MORTGAGE.
[To beindorsed on the original mortgage.]

O I..or..we the within-mentioned in con-
(a)- -
Me " or us." sideration of _this day paid to (t')
(r) "Him"or"them." by_ hereby transfer to (e)_ the
(') "I"or"we." benefit of the within written security. In witness whereof
(1) " My" or "our." (d) ha hereunto subscribed ('') name
and affixed (e) seal_ , this day
of One thousand eight hundred and
Executed by the above-named

in the presence of
PART II.
Documents of which the forms are to be prescribed by the Commissioners
of Customs and sanctioned by the Board of Trade.
Certificate of surveyor.
Declaration of ownership by individual owner.
Declaration of ownership on behalf of a corporation as owner.
Certificate of registry.
Provisional certificate.
Declaration of ownership by individual transferee.
Declaration of ownership on behalf of a. corporation as transferee.
Declaration of owner taking by transmission.
Declaration by mortgagee taking by transmission.
Certificate of mortgage.
Certificate of sale.
Revocation of certificate of sale or mortgage.
SECOND SCHEDULE.
Sections 77, Measurement of Tonnage.

78, 81, 85
Ruts I. Rule L
Measurement (1.) Measure the length of the ship in it straight line along the upper
of ships to side of the tonnage deck from the inside of the inner plank (average
be registered
and other ships thickness) at the side of the stem to the inside of'the midship stern
of which the timber or plank there, as the case may be (average thickness),
hold is clear. deducting from this length what is due to the rake of the bow in the
Lengths. thickiaeps of ;the deck, and what is due to the rake of the stern timber
in, the, thickness of the deck, and also what is doe to the rake of the
stern timber in one third of the round of the beam ; divide the length,
292
157 & 58 VICT.] Merchant Shipping Act, 1894 , [CIHt:_W_I
so taken into the number of equal parts required by the following table, A.D. 1494.
according to the class in such table to which the ship belongs :-
TABLE.
Class 1. Ships of which the tonnage deck is according to the above
measurement 50 feet long or under, into 4 equal parts :
measurement above 50 feet long and not exceeding 120, into 6 equal
parts :
measurement above 120 feet long and not exceeding 180, into ,8 equal
parts :
Class 4. Ships of which the tonnage deck is according to. the above
measurement above 180 feet long and not exceeding 225, into 10 equal
parts :
measurement above 225 feet long, into 12 equal parts :
:(2.) Then the hold being first sufficiently cleared to admit of the Transverse
required depths and breadths being properly taken, find the transverse areas.
area of the ship at each point of division of the length as follows :-
Measure the depth at each point of division, from a point at a distance
of one third of the round of the beam below the tonnage deck, or, in
case of a break, below a line stretched in continuation thereof, to the
upper side of the floor timber at the inside of the limber strake, after
deducting the average thickness of the ceiling which is between the
bilge planks and limber strake (subject, however, to the provisions of
this Act in the case of a ship constructed with a double bottom for
water ballast) ; then if the depth at the midship division of the length
do not exceed sixteen feet, divide each depth into four equal parts ;
then measure the inside horizontal breadth at each of the three points
of division, and also at the upper and lower points of the depth,
extending each measurement to the average thickness of that part of
the ceiling which is between the points of measurement ; number
these breadths from above (i.e., numbering the upper breadth one,
and so on down to the lowest breadth) ; multiply the second and
fourth by four, and the third by.two; add these products together,
and to the sum add the first breadth and the fifth ; multiply the
quantity thus obtained by one third of the common interval between
the breadths, and the product shall be deemed the transverse area ;
but if the midship depth exceed sixteen feet, divide each depth into
six equal parts instead of four, and measure as before directed the
horizontal breadths at the five points of division, and also at the upper
and lower points of the depth ; number them from above as before ;
multiply the second, fourth, and sixth by four, and the third and fifth
by two ; add these products together, and to the sum add the first
breadth and the seventiy; multiply the quantity thus obtained by one
third of the common interval between the breadths, and the product
shall be deemed the transverse area.
(3.) Having thus ascertained the transverse area at each point of division Computation
of the length of the ship as required by the above table, proceed to from areas.
ascertain the register tonnage under the tonnage deck in the following
manner :-Number the areas respectively 1, 2, 3, &c,, No. 1 being at
the extreme limit of the length at the how, and the last No. at the
extreme limit at the length at the stern ; then, whether the length be
divided according to the table into four or twelve parts as in classes 1
,and 5, or any intermediate number as in classes 2, 3, and 4, multiply
293
[Cn. 60.] Merchant Shipping Act, 1894. [57 & 58 VICE.]
. A.D. 1894. the second and every even numbered area by four, and the third and
every odd numbered area (except the first and last) by two ; add these
products together, and to the sum add the first and last if they yield
anything ; multiply the quantity thus obtained by one third of the
common interval between the areas, and the product will be the
cubical contents of the space under the tonnage deck ; divide this
product by one hundred, and the quotient, being the tonnage under
the tonnage deck, shall be deemed to be the register tonnage of the
ship subject to any additions and deductions under this Act.
In case of (4.) If the ship had a third deck, commonly called a spar deck, the
decks above tonnage of the space between it and the tonnage (leek shall be
the tonnage ascertained as follows: Measure in feet the inside length of the
deck.
space at the middle of its height from the plank at the side of the
stem to the lining on the timbers at the stern, and divide the length
into the same number of equal parts into which the length of the
tonnage deck is divided its above directed ; measure (also at the middle
of its height) the inside breadth of the space at each of the points of
division, also the breadth at the stein and the breadth at the stern
number them successively 1, 2, 3, &c.. commencing at the stem ;
multiply the second and all the other even numbered breadths by four,
and the third and all the other odd numbered breadths (except the first
and last) by two ; to the sum of these products add the first and last
breadths ; multiply the whole sum by one third of the common interval
between the breadths, and the result will give in superficial feet the
mean horizontal area of the space ; measure the mean height of the
space, and multiply by it the mean horizontal area, and the product
will be the cubical contents of the space ; divide this product by one
hundred, and the quotient shall be deemed to be the tonnage of the
space and shall be added to the tonnage of the ship ascertained as
aforesaid. If the ship has more than three decks, the tonnage of each
space between decks above the tonnage deck shall be severally ascer-
tained in manner above described, and shall be added to the tonnage
of the ship ascertained as aforesaid.
Poop, deck (5.) If there be a break, a poop, or any other permanent closed-in space
house, fore- on the upper deck, available for cargo or stores, or for the berthing or
castle, and any accommodation of passengers or crew, the tonnage of that space shall
other closed-in
be ascertained as follows :-Measure the internal mean length of the
space.
space in feet, and divide it into two equal parts; measure at the
middle of its height three inside breadths, namely, one at each end
and the other at the middle of the length ; then to the sum of the end
breadths add four times the middle breadth, and multiply the whole
sum by one third of the common interval between the breadths, the
product will give the mean horizontal area of the space ; then measure
the mean height, and multiply by it the mean horizontal area ; divide
the product by one hundred, and the quotient shall be deemed to be
the tonnage of the space, and shall be added to the tonnage under the
tonnage deck ascertained as aforesaid. Provided that no addition shall
be made in respect of any building erqWted for the shelter of deck
passengers, and approved by the Board of Trade.
RULE II. Rule 11.

Measurement (1.) Measure the length on the uppermost deck` from the outside of the
of ships not outer plank at the stem to the aftside of the stern post, deducting
requiring therefrom the distance between the aftside of the stern post and the
registry with rabbet of the stern post at the point where the counter plank crosses
cargo on board
and ships it; measure also the greatest breadth of the ship to the outside of the
which cannot outer planking or wales, and then, having first marked on the outside
2294
_.[57 & 58 VICT.] Merchant Shipping Act, 1894. [Cif. 60.]
of the ship on both sides thereof the height of the upper deck at the A.D. 1894.
ship's sides, girt the ship at the greatest breadth in a direction per-
pendicular to the keel from the height so marked on the outside of the be measured
ship on the one side to the height.so marked on the other side by under Rule 1.
passing a chain under the keel ; to half the girth thus taken add half Length.
the main breadth ; square the sum ; multiply the result by the length Breadth.
of the
of ship taken as aforesaid ; then multiply this product by the f%for ship.
ship.
0018 (eighteen ten-thousandths) in the case of ships built of wood, and
0021 (twenty-one ten-thousandths) in the case of ships built of iron,
and the product shall be deemed the register tonnage of the ship,
subject to any additions and deductions under this Act.
(2.) If there be a break, a poop, or other closed-in space on the upper Poop, deck
deck, the tonnage of that space shall be ascertained by multiplying house, fore-
together the mean length, breadth, and depth of the space, and dividing castle, and
the product b Y 100 and the quotient so obtained shall be deemed to be other closed-in
spaces on
the tonnage of the space, and shall be added to the tonnage of the ship upper deck.
ascertained as aforesaid.
Rule III. RITLE III.

(i.) Measure the mean depth of the space from its crown to the ceiling Measurement
at the limber strake, measure also three, or, if necessary, more than three of allowance
for engine
breadths of the space at the middle of its depth., takeng one of those r om space in
measurements at each end, and another at the middle of the length; take steamships.
the mean of those breadths ; measure also the mean length of the space
between the foremost and aftermost bulkheads or limits of its length, ex-
cluding such parts, if any, as are not actually occupied by or required for
the proper working of the machinery ; multiply together these three
dimensions of length, breadth, and depth, divide the product by 100 and the
result shall be deemed the tonnage of the space below the crown ; then find
the cubical contents of the space or spaces, if any, above the crown afore-
said, which are framed in for the machinery or for the admission of light and
air, by multiplying together the length, depth, and breadth thereof; add
such contents to the cubical contents of the space below the crown ; divide
the sum by 100; and the result shall (subject to the provisions herein-
after contained) be deemed to be the tonnage of the space.
(ii.) If in any ship in which the space for propelling power is to be
measured the engines and boilers are fitted in separate compartments, the
contents of each shall be measured severally in like manner, according to the
above rules, and the sum of their several results shall be deemed to be the
tonnage of the said space.
(iii.) In the case of screw steamers in which the space for propelling
power is to he measured, the contents of the shaft trunk shall be ascertained
by multiplying together the mean length, breadth, and depth of the trunk,
and dividing the product by 100.
(iv.) If in any ship in which the space aforesaid is to be measured any
alteration be made in the length or capacity of the spaces or if any cabins
be fitted in the space, the ship shall be deemed to be a ship not registered
until remeasurement.
RULE IV.
Rule IV.
IV. In ascertaining the tonnage of open ships the upper edge of the Measurement
upper strake is to form the boundary line of measurement, and the depths of open ships.
shall be taken from an athwartship line, extended from upper edge to upper
edge of the said strake at each division of the length.
295
1CH. 130.] 1Werc1ut'i t A57zip1pli?Ig Act, 1894. [57 & 58 VICT]
A.D. 1894. THIRD SCHEDULE.

S.ctlou 83. TABLE OF MAXIMUM FEES TO BE PAID FOR THE MFASUREMENT
OF MERCHANT SHIPS.
£ s. d.
For a ship under 50 tons register tonnage 1 0 0
from 50 to 100 tons 1 10 O
lOt) to 20t) 2 0 0
200 to 500 3 0 0
500 to 800 4 0 0
800 to 1,200 5 0 0
1,200 to 2,000 6 0 0
2,000 to 3,000 7 0 0
3,000 to 4,000 8 0 0
4,000to5,000 9 0 0
5,000 and upwards 10 0 0
FOURTH SCHEDULE.
Section 97. TABLE OF MAXIMUM FEES TO BE PAID BY APPLICANTS FOR
EXAMINATION.
For Certificates as Masters and Mates.
£ s. d.
Certificate as Master - - - - - 2 0 0
Certificate as Mate - - - - - 1 0 0
For Certificates as Engineers.

Certificate as first-class engineer - - - 2 0 0
Certificate as second-class engineer - - 1 0 0
FIFTH SCHEDULE.
REGULATIONS TO BE OBSERVED WITH RESPECT TO ANTI-
SCORBUTICS.
Furnishing of Anti-Scorbutics.
(1.) The anti-scorbuties to be furnished shall be lime or lemon juice, or
such other anti-scorbuties (if any) of such quality, and composed of such
materials, and packed and kept in such manner as Her Majesty by Order in
Council may direct.
Section 200. (2.). No lime or lemon juice shall be deemed fit and proper to be taken
on board ship, for the use of the crew or passengers thereof, unless it has
been obtained from it bonded warehouse for and to be shipped as stores.
(3.) Lime or lemon juice shall not be so obtained or delivered from a
warehouse as aforesaid, unless-
(a) it is shown, by a certificate under the hand of an inspector appointed
by the Board of 't'rade, to be proper for use on board ship, the
certificate to be given upon inspection of a sample, after deposit of the
lime or lemon juice in the warehouse; and
(b) it contains fifteen per cent. of proper and palatable proof spirit, to
be approved by the inspector or by the proper officer of customs, and
to be added before or immediately after the inspection thereof ; and
296
.157,& 58 VICT.] M0chartt Shipping Act, 1894, [CIA. 60.]
(c) it is packed in such bottles at such time and in such manner and A.D. ]'894.
is labelled in such manner as the Commissioners of Customs may
direct.
(4.) If the lime or lemon juice is deposited in a bonded warehouse, and
has been approved as aforesaid by the inspector, the spirit, or the amount
of spirit necessary to make up fifteen per cent., may be added in the
warehouse, without payment of any duty thereon; and when any spirit has
been added to any lime or lemon juice, and the lime or lemon juice has
been labelled as aforesaid, it shall be deposited in the warehouse for delivery
as ship's stores only, upon such terms and subject to such regulations of the
Commissioners of Customs as are applicable to the delivery of ship's stores
from the warehouse.
(5.) The lime or lemon juice with which a ship is required by this
Act to be provided shall be taken from the warehouse duly labelled as
aforesaid, and the labels shall remain intact until twenty-four hours at.
least after the ship has left her port of departure on her foreign voyage.
Serving out of Anti- Scorbutics.
(6.) The lime or lemon juice shall be served out with sugar (the sugar
to be in addition to any sugar required by the agreement with the
crew).
(7.) The anti-scorbutics shall be served out to the crew so soon as they
have been at sea for ten days; and during the remainder of the voyage,
except during such time as they are in harbour and are there supplied with
.fresh provisions.
(8.) The lime or lemon juice and sugar shall be served out daily at the
rate of an ounce each per day to each member of the crew, and shalt be
mixed with a due proportion of water before being served out.
(9.) The other anti-scorbutics, if any, provided in pursuance of an Order
in Council shall be served out at such times and in such quantities as the
Order in Council directs.
SIXTH SCHEDULE.
REGULATIONS TO BE OBSERVED WITH RESPECT TO ACCOMMODATION
ON BOARD SHIPS.
(1.). Every place in a ship occupied by seamen or apprentices, and Sections 79,
appropriated to their use, shall be such as to make the space which it is 210.
required by the Second Part of this Act to contain available for the proper
accommodation of the men who are to occupy it, and shall be securely
constructed, properly lighted and ventilated, properly protected from
weather and sea, and as far as practicable properly shut off and protected
from effluvium which may be caused by cargo or bilge water.
(2.) A place so occupied and appropriated as aforesaid shall not authorise
a deduction from registered tonnage under the tonnage regulations of this
Act unless there be in the ship properly constructed privies for the use of
the crew, of such number and of such construction as may be approved by
the surveyor of ships.
(3.) Every place so occupied and appropriated as aforesaid shall,
whenever the ship is registered or re-registered, be inspected by one of the
surveyors of ships under this Act, who shall, if satisfied that the same is in
a l respects such as is required by this Act, give to the collector of customs
.a certificate to that effect, and if the certificate is obtained, but not otherwise,
the space shall be deducted from the register tonnage.
(4.) No deduction from tonnage as aforesaid shall be authorised unless
there is permanently cut in a beam, and cut in or painted on or over the
297
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 VtcT.]
appropriated, the
A.D. 1894. doorway or hatchway of every place so occupied and
number of men which it is constructed to accommodate, with the words
"Certified to accommodate seamen."
(5.) Upon any complaint concerning any place so occupied and appro-
priated as aforesaid, a surveyor of ships may inspect the place, and if he
finds that any of the provisions of this Act with respect to the same are not
complied with he shall report the same to the chief officer of customs at the
port where the ship is registered, and thereupon the registered tonnage shall
be altered, and the deduction aforesaid in respect of space disallowed, unless
and until it be certified by the surveyor, or by some other surveyor of
ships, that the provisions of this Act in respect of the place are fully complied
with.
Maximum Fees for Inspection.

(6.) The fee for each visit to the ship shall not exceed ten shillings.
(7.) The aggregate amount of the fees for any such inspection shall not
exceed one pound, whatever be the number of separate visits.
(8.) When the accommodation is inspected at the same time with the
measurement of the tonnage, no separate fee shall be charged for the
inspection.
SEVENTH SCHEDULE.
CONSTITUTION OF LOCAL MARINE BOARDS.
Elections.
Constitution of 1. A local marine board shall consist of the following members; viz.,--
local marine (a.) The mayor or provost and the stipendiary magistrate, or such of
board.
the mayors or provosts and stipendiary magistrates of the place
Section 244. (if more than one) as the Board of Trade appoint :
(b.) Four members appointed by the Board of Trade from among persons
residing or having places of business at the port or within seven
miles thereof :
(c.) Six members elected by the owners of such foreign-going ships
and home trade passenger ships as are registered at the port.
2. The election shall be held on the twenty-fifth day of January one
thousand eight hundred and ninety-six, and on the twenty-fifth day of
January in every third succeeding year, and the appointments shall be
made within one month after the elections.
3. Upon the conclusion of that month and the constitution of a new
board, the functions of the then existing board shall cease, and the board,
consisting of the members then newly elected and appointed, shall take
its place.
4. A casual vacancy happening in the intervals between the general
elections and appointments, by death, resignation, disqualification, or
otherwise, shall be filled up within one month after it happens ; and every
person elected or appointed to fill a casual vacancy shall continue a member
until the next constitution of the new board.
5. The mayor or provost shall fix the place and mode of conducting
elections, and also, in the case of casual vacancies, the day of election, and
shall give at least ten days notice thereof.
298
[57 & 58 VicT.] Merchant Shipping Act, 1894. [CR. 6.0.1
6. The Board of Trade may decide any question raised concerning any A.D. 1894.
election.
Registry and Votes of Electors.

7. Owners of foreign-going ships and of home trade passenger ships
registered at the port shall have votes at the election as follows ; namely,-
Eveiy registered owner of not less than 250 tons in the whole of such
shipping shall at every election have one vote for each member for
every 250 tons owned by him, so that his votes for any one member
do not exceed ten.
8. The qualification of electors shall be ascertained as follows
(a.) In the case of a ship registered in the name of one person that
person shall be deemed the owner :
(b.) In the case of a ship registered in distinct and several shares in the
names of more persons than one the tonnage shall be apportioned
among them as nearly as may be in proportion to their respective
shares, and each of them shall be deemed the owner of the tonnage
so apportioned to him :
(c.) In the case of a ship or shares of a ship registered jointly without
severance of interest in the names of more persons than one the
tonnage shall, if sufficient either alone or together with other tonnage,
if any, owned by the joint owners, to give a qualification to each
of them, be apportioned equally between or among the joint owners,
and each of them shall be deemed the owner of the equal share so
apportioned to him ; but if it is not so sufficient the whole of the
tonnage shall be deemed to be owned by such one of the joint
owners resident or having a place' of business at the port or within
seven miles thereof as is first named on the register :
(d.) In making any such apportionment any portion of the tonnage may
be struck off so as to produce a divisible amount :
(e.) The whole amount of tonnage so owned by each person, whether'
in ships or shares of or interests in ships, shall be added together,
and if
sufficient, shall constitute his qualification.
9. The chief officer of customs in the port shall, with the assistance of
the Registrar-General of Shipping and Seamen, on or before the twenty-
fifth day of December in the year one thousand eight hundred and ninety-
five, and in every third succeeding year, make out an alphabetical list of
the persons entitled by this Act to vote at the election, containing the
name and residence of each such person, and the number of votes to which
be is entitled, and shall sign the list, and shall cause a sufficient number
of copies `thereof to be printed, and shall cause copies thereof to be fixed
on or near the doors of the custom house of the port for two entire weeks
next after,the list has been made, and shall keep two copies of the list, and
permit the same to be perused by any person, without payment, at all
reasonable hours during those two weeks.
10. The mayor or provost of the port, or such of them, if more than
one, as is or are for the time being so appointed as aforesaid, shall, at least
twenty days before the twenty-fifth day of January one thousand eight
hundred and ninety-six, and in each succeeding third year, nominate two
justices of the peace (in this schedule referred to as the revisors) to revise
the list.
11. The revisors shall, between the eighth and fifteenth days of January,
both inclusive, in the year in which they are so nominated, revise the list
at the custom house of the port, or in some convenient place near thereto,
to be hired, if necessary, by the said chief officer.
299
[Cn. 60.1 Merchant Shipping Act, 1594. [57 & 58 VtcT.]
A.D. 1904. 12. The revisors shall give three clear days notice of the revision by
advertising the same in some local newspaper, and by affixing it notice
thereof on or near to the doors of the custom house.
13. The revisors shall make the revision by inserting in the list the name
of every person who claims to have his name inserted therein and gives
proof, satisfactory to the revisors, of his right to have his name so inserted,
and by striking out therefrom the name of every person to the insertion
of whose name an objection is mane by any other person named in the
list who gives proof satisfactory to the revisor; that the name objected to
ought not to have been insertvd therein.
14. The decision of the revisors with respect to every such claim or
objection shall be conclusive.
15. The revisors shall, immediately after the revision, sign their names
at the foot of the list so revised.
16. The list so revised shall be the register of voters at elections for three
years from the twenty-fifth day of January then next ensuing inclusive to
the twenty-fourth day of January inclusive in the third succeeding year.
17. The revised list, when so signed, shall be delivered to the mayor or
provost as aforesaid, who shall, if necessary, cause a sufficient number of
copies thereof to be printed, and shall cause it copy thereof to be delivered to
every voter applying for the same.
18. The chief officer shall, if required, for the assistance of the revisors
in revising the list, produce to them the books containing the register of
ships registered at the port ; and the Registrar-(Ueneral of Shipping and
Seamen, if required, shall also produce or transmit .to them such certified
extracts or returns from the books in his custody as may be necessary for
the same purpose.
19. The revisors shall certify the expanses properly incurred by the chief
officer in making and printing the list and in the revision thereof, and the
Board of Trade shall pay the same, and also all expenses properly incurred
by the mayor or provost in printing the same, or in any election; and the
Board of Trade may disallow any items of any of those expenses in their
opinion improperly incurred.
20. Every person whose name appears on the revised list and no other
person, shall be qualified to vote at the election on the twenty-fifth day of
January next after the revision, and at any election for a casual vacancy
held at any time between that day and the next ordinary triennial election.
Quealflcation of Members.
21. Every male person who is, according to the revised list, entitled to a
vote, shall be qualified to he elected a member, and no other person shall be
so qualified; and if any person elected ceases after election to be an owner
of such quantity of tonnage as would entitle him to a vote he shall no longer
continue to act or be considered a member, and thereupon another member
shall be elected in his place.
Application to Corporations.
22. A corporation owning it ship shall be entitled to be registered in like
wanner as any individual, with the substitution of the office of the corpora-
tion for the residence of the individual. The vote of such corporation
shall be given by some person whom the corporation may appoint in that
behalf, and that person shall be qualified to be elected a member, ana if the
corporation ceases after his election to' be an owner of such quantity of
tonnage as entitles the corporation to be registered as a voter, that person
shall cease to be a member and another member shall be elected in his
place.
300
i [57 & :58X rcT.] Merchant Shipping Act, 1894. [C s..6Q.1
EIGHTH SCHEDULE, .A.D. 1804,

Particulars to be registered by Master of a Ship concerning, a.
Birth at Sea.
Date of birth. Sectina 254
Name (if any) and sex of the child.
Name and surname, rank, profession, or occupation of the father.
Name and surname, and.maiden surname of the mother.
Nationality and last place of abode of the father and mother.
Particulars to be registered by Master of a Ship concerning cc
Death at Sea.
Date of death.
Name and surname.
Sex.
Age.
Rank, profession, or occupation.
Nationality, and last place of abode.
Cause of death. .
NINTH SCHEDULE.
PART I. Sections 277,
360 .
Maximum Fees to paid for Passenger Steamer's Certificate.
be
£ s. d.
For passenger steamers not exceeding 100 tons - - 4 0 0
Exceeding 100 tons and not exceeding 300 tons - - - 6 0 0
Exceeding 300 tons and not exceeding 600 tons - - 8 0 0
And for every additional 300 tons above 600 an additional - 2 0 0
PART II.
Maximum Fees for Survey of Emigrant Ships.
£ s. d.
For an ordinary survey of the ship, and of her equipments,
accommodation, stores, light, ventilation, sanitary arrange-
ments, and medical stores - - - - - 10 0 0
For a special survey - - - - - - - - 15 0 0
TENTH SCHEDULE.
Regulations as to number of Persons carried on Emigrant Ships.
(1.) An emigrant ship shall not carry under the poop or in the round Sections 292,
house or deck house or on the upper passenger deck, a greater number of 367.
steerage passengers than in the proportion of one statute adult to every
fifteen clear superficial feet of deck allotted to their use.
(2.) An emigrant ship shall not carry on the lower passenger deck a
greater number of steerage passengers than in the proportion of one statute
adult to every eighteen clear superficial feet of deck allotted to their use,
,(3.). Provided, that if the height between the lower passenger deck and the
:,deck immediately above it is less than seven feet, or if the apertures (exclu-
sive of side scuttles) through which light and air are admitted together to
the lower passenger deck are less in size than in the proportion of. three
square feet to every one hundred superficial feet of that deck, the ship shall
,not carry, a greater number of steerage passengers on that deck-than. in,tl}e
,,proportion, of one statute adult to. every twenty-five clear suparficiaL,£eet
thereof.
30.1
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 Vicr]
A.D. 1894. (4.) An emigrant ship, whatever be her superficial space of decks, shall
not carry a greater number of steerage passengers on the whole than in the
proportion of one statute adult to every five superficial feet clear for
exercise, on the upper (leek or poop, or on any round house or deck house
which is secured and fitted on the top with a railing or guard to the
satisfaction of the emigration officer at the port of Clearance.
(5.) In the measurement of the passenger decks, poop, round house or
deck house, the space for the hospital, and the space occupied by that part
of the personal luggage of the steerage passengers which the emigration
officer permits to be carried there, shall be included.
ELEVENTH SCHEDULE.
REGULATIONS AS TO THE ACCOMMODATION FOR STEERAGE
PASSENGERS.
Constri Lion of Passenger Decks.

Section 293. (1.) The beams supporting the passenger decks shall form part of the
permanent structure of the ship. They shall be of adequate strength in
the judgment of the emigration officer at the port of clearance, and shall be
firmly secured to the ship to his satisfaction.
(2.) The passenger decks shall be at least one inch and a half thick, and
shall be laid and firmly fastened on the beams continuously from side to
side of the compartment in which the steerage passengers are berthed.
(8.) The height between that part of any deck on which steerage pas-
sengers are carried and the deck immediately above it shall not be less
than six feet.
Berths.
(4.) There shall not be more than two tiers of berths on any one deck.
The interval between the floor of berths and the deck immediately beneath
it shall not be less than six inches. The interval between each tier of
berths and between the uppermost tier and the deck above it shall not be
less than two feet six inches.
(5.) The berths shall be securely constructed and of dimensions not less
than six feet in length and eighteen inches in breadth for each statute
adult, and shall be sufficient in number for the proper accommodation of
all the steerage passengers contained in the lists of passengers by this Act
required to be delivered by the master of the ship.
(6.) No part of any berth shall be placed within nine inches of any
watercloset erected in the between-decks.
(7.) All male steerage passengers of the age of fourteen years and
upwards (except those who occupy berths with their wives) shall to the
satisfaction of the emigration officer at the port of clearance be berthed
in the fore part of the ship in a compartment divided off from the space
appropriated to the other steerage passengers by a substantial and well-
secured bulkhead without opening into or communicating with any adjoining
steerage passenger's berth, or, if the ship is fitted with enclosed berths, in
separate rooms.
(8.) Not more than one steerage passenger, except in the case of husband
and wife, or females, or children under the age of twelve years, shall be
placed in or occupy the same berth.
(9.) Berths occupied by steerage passengers during the voyage shall not
be taken down until forty-eight hours after the arrival of the ship at the
port of final discharge, unless all the steerage passengers have voluntarily
quitted the ship before the expiration of that time. The master of the
ship shall alone be liable to a fine for breach of this regulation.
302
[57 & 58 Vim] Merchant Shipping Act, 1894. [CH.. 60.1
Hospitals. . A.D. 1894.

(10.) Sufficient space shall be set apart in every emigrant ship for use
exclusively as a hospital for the steerage passengers, properly divided off,
to the satisfaction of the emigration officer at the port of clearance.
(11.) The space set apart for a hospital shall be under the poop or in
the round house, or in any deck house which shall be properly built and
secured to the satisfaction of the emigration officer at the port of clearance,
or on the upper passenger deck, and not elsewhere.
(12.) The space so set apart shall contain not less than eighteen clear
superficial feet for every fifty steerage passengers whom the ship carries;
and shall be fitted with bed-places, and supplied with proper beds, bedding,
and utensils to the satisfaction of the emigration officer at the port of
clearance, and shall throughout the voyage be kept so fitted and supplied.
Privies.
(13.) Every emigrant ship shall be provided to the satisfaction of the
emigration officer at the port of clearance with at leant two privies, and
with two additional privies on deck for every one hundred steerage pas-
sengers on board, and in ships carrying as many as fifty female steerage
passengers with at least two waterclosets under the poop or elsewhere on
the upper deck to the satisfaction of the emigration officer for the exclusive
use of women and young children. The privies shall be placed in equal
numbers on each side of the ship, and need not in any case exceed twelve
in number.
(14.) All such privies and waterclosets shall be firmly constructed and,
maintained in a serviceable and cleanly condition throughout the voyage,
and shall not be taken down until the expiration of forty-eight hours after
the arrival of the ship at the final port of discharge, unless all the steerage
passengers quit the ship before the expiration of that time.
- (15.) The master of the ship shall alone be liable to a fine for breach of
the regulations as to privies.
Light and Ventilation.
(16.) Every emigrant ship shall be supplied with such provision for
affording light and air to the passenger decks as the circumstances of the
case may, in the judgment of the emigration officer at the port of clearance,
require, and if there are as many as one hundred steerage passengers on
board shall be supplied with an adequate and proper ventilating apparatus,
to be approved by such emigration officer and fitted to his satisfaction.
(17.) The steerage passengers shall have the free and unimpeded use of
the whole of each hatchway situated over the space appropriated to them,
and over each such hatchway there shall be erected such a boobyhatch or
other substantial covering-as will, in the opinion of the emigration officer,
afford the greatest amount of light and air, and of protection from wet,
which the case will admit.
TWELFTH SCHEDULE.
WATER AND PROVISIONS.
Water and provisions shall be issued to the steerage passengers according Section 298.
to the following dietary scales ; (that is to say,)
Water.
.
Three quarts daily to each statute adult, exclusive of the quantity

necessary. for cooking any article issued under this schedule in a cooked
state.
303
[0x..60.] Merchant Shipping Act, 1894. [57 & 58 VicT:j
ADD., 189:1. Provisions.

Weekly, per statute adult:-
SCALE A. SCALE B.
For Voyages For Voyages
not r.rrnrding exceeding
H-s Days for 84 s for
Sailing ships Sailing Vessels
or LU Dova for or5ODays for
Stoamsliibs Steamships
or Ships having or ships having
Ste:un Power Steam Power
in aid of Sails. in aid of Saib.
lbs. ozs. lbs. ozs.

Bread or biscuit, not inferior to navy biscuit 3 8 3 8
Wheaten flour - - 1 0 2 0
Oatmeal - - - - 1 8 1 0
Rice - - - - 1 8 0 8
Peas - - - - - 1 8 1 8
Beef - - - - 1 4 1 4
Pork - - - - - 1 0 1 0'
Butter - - - 0 4
Potatoes - - - - - 2 0 2 0
Sugar - - - 1 0 1 0
Tea - - - - - 0 2 0 2
Salt - - - - 0 2 0 2
Mustard - - - - - 0 0'. 0 0}
Pepper (white or black), ground - 0 of 0 01
Vinegar - - - - - One gall. One gill.
Preserved meat - - 1 0
Suet - - - - - 0 6
Raisins - - 0 8
Lime juice - - - - 0 6
(See below)
Substitutions.
Substitutions at the following rates may, at the option of the master of
any emigrant ship, be made in the above dietary scales, as follows; (that is
to say,)
111). ohflour, or 111). of biscuit,
lIlb. of soft bread baked on board for or 11 lb. of oatmeal, or 1 lb.
of rice, or 111). of peas.
1 1b. of preserved meat - - for 1 lb. of salt pork or beef.
for If
I lb. of flour or of bread or biscuit, 1 lb. of oatmeal, or 1 lb. of
or I lb. of beef or of pork - f { rice, or 1 lb. of peas.
1 lb. of rice - - - for 1.1 lb. of oatmeal, or vice versa.
I lb. of preserved potatoes - for 1 lb. of potatoes.
10 oz. of currants - - - for 8 oz. of raisins.
31 oz. of cocoa or of coffee, 1
roasted and ground - f for 2 oz. of tea.
lb. of treacle - - - for J lb. of sugar.
1 gill of mixed pickles - - for 1 gill of vinegar.
Provided that the substituted articles are set forth in the contract tickets of
the steerage passengers.
Regulations as to Lime Juice.

Lime juice. When the ship is not in the Tropics, it shall not be obligatory to issue
lime juice, but lime juice may be issued at the discretion of the medical
practitionet on board, or 7--there is no such medical practitioner, at the
discretion of the master.
$04
[57 & 5.8 VICT.] Merchant Shipping Act, 1894. [CH. 60.1
Regulations as to Messes and Issue of Provisaona. A.D. 1894.-

(L) Steerage passengers may be divided into messes, but a mess shall -.-w
not consist of more than ten statute adults.
(2.) Members of the same family, whereof one at least is a male adult,
shall be allowed to form a separate mess.
(3.) Water and provisions according to the above scales shall be issued
daily before two o'clock in the afternoon to the head person for the time
being of each mess, on behalf and for the use of the members thereof.
(4.) The first of the issues shall be made before two o'clock in the after-
noon of the day of embarkation to such of the steerage passengers as are
then on board.
(5.) Such provisions as require to be cooked shall be issued in a properly
cooked state.
THIRTEENTH SCHEDULE.
Conditions for Carriage of Horses and Cattle in Emigrant Ships.
(1.) The animals shall not be carried below any deck on which steerage Saction:301.
passengers are berthed, nor in any compartment in which steerage pas-
sengers are berthed, nor in any adjoining compartment, except in a ship
built of iron, and of which the compartments are divided off by water-
tight bulkheads extending to the upper deck.
(2.) Clear space on the spar or weather deck shall be left for the use and
exercise of the steerage passengers, at the rate of at least ten superficial feet
for each statute adult.
(3.) No greater number of steerage passengers shall be carried than in the
proportion of fifteen to every one hundred tons ofthe ship's registered tonnage.
(4.) In emigrant ships of less than five hundred tons registered tonnage
not more than two head of large cattle shall be carried, nor in emigrant
ships of larger tonnage more than one additional head of large cattle for
every additional two hundred tons of the ship's registered tonnage, nor more
in all in any emigrant ship than ten head of large cattle. The expression
" large cattle" includes both sexes of horned cattle, deer, horses, and asses ;
and four sheep of either sex, or four female goats, shall be equivalent to, and
may, subject to the same conditions, be carried in lieu of one head of large cattle.
(5.) Proper arrangements shall be made, to the satisfaction of the
emigration officer at the port of clearance, for the housing, maintenance,
and cleanliness of the animals, and for the stowage of their fodder.
(6.) Not more than six dogs, and no pigs or male goats, shall be con-
veyed as cargo in any emigrant ship.
FOURTEENTH SCHEDULE.
FORMS UNDER PART III. (PASSENGER AND EMIGRANT SHIPS). Section 360;.
FORM I.
FORM OF MASTER'S BOND.
KNOW all men by these presents, that we,(1) (1) Insert hero
the Christian:
are held and firmly bound unto our Sovereign by the and surnames in
Grace of God, of the United Kingdom of Great Britain and Ireland full, with occu-
pations and
defender of the faith, in the sum of (2) two thousand pounds addresses of each
the two
of good and lawful money of Great Britain, to be paid to our said of obligors.
Sovereign Her [His] heirs and successors; to which payment well (1) The sum;
and truly to be made we bind ourselves and every of us, jointly and must be five
thousand pounds
severally, and our heirs, executors, and administrators, and every of if neither the
owner char-
them, firmly by these presents. Sealed with our seals. Dated this terer oforthe ship
day of one thousand eight hundred and reside in the
British Islands.
Whereas by Part III. of the :Merchant Shipping Act, 1894, it is amongst
other things enacted, that, before any emigrant ship clears outwards or
U 305
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 ViCT.]
A.D. 1894. proceeds to sea, the master, together with the owner or charterer, or in the
--- event of the owner or charterer being absent., or being the master, one
other good and sufficient person, approved by the chief officer of customs
at the port of clearance, shall enter into a joint and several bond to the
Crown, in the sum of two thousand pounds :
Now the condition of this obligation is such, that if the ship
whereof the above bounden is master, bound to
(5) The clause is in all respects seaworthy,(3) [and if the said ship shall call at the port of
within brackets and there shall be shipped on board at such port pure water
is to he inserted
only when the for the use of the steerage passengers, sufficient in quantity to afford an
ship is to call at
an intermediate allowance of three quarts daily y to each statute adult for the period of
port to take in
water as provided
days on the voyage from such port to the final port or place of discharge of
in Part III. of such ship,] and if (notwithstanding any fine by the said Act imposed, and
the Mel- net whether the same may have been sued for and recovered or not) all and
1894. every the requirements of the said Merchant Shipping Act, 1594, (except
such of them as relate exclusively to passage brokers and emigrant runners)
and of the Board of Trade acting under the said Act, and of any Order of
Her Majesty in Council relating to {{ emigrant ships" and now in force,
(+) This clause shall in all respects be well and truly performed(') [and if the master for
to be inserted
he
only in the case the time being of the said ship shall submit himself, in like manner as a
of a foreign emi- British subject being the master of a British emigrant ship, to the jurisdic-
cee ding to any tion of the tribunals in Majesty's possessions abroad, empowered
British posses. by the said Act to adjudicate on offences committed against the said Act,]
lion.
and if moreover all fines, and forfeitures which the master of such ship
may be adjudged to pay for or in respect of the breach or nonfiilfilment of
any of such requirements as aforesaid shall be well and truly paid, and if
all expenses incurred by a Secretary of State or governor of a British
possession or British consular officer under the said Act shall also be well
and truly paid, then this obligation to be void, otherwise to remain in full
force and virtue.
Signed, sealed, and delivered by the above bounden and
$ Insert names in the presence of +
and addresses
in full of the
witnesses. §[1 hereby certify, that the above bond was duly signed, sealed, and
§ Certificate to delivered according to the law of the United Kingdom by the said
be s+gned by the
-chief officer of master of the said ship
p y the said (other obligor).]
and by
-customs and Chief Officer of Cus-
forwarded with
the bond to the (Signature) toms for the port,
-colony, according
to s. 319 of the of
Act. (Date) 18
FORM 11.
FORM OF PASSENGERS LIST.
Ap to Numbed Total Number of

of Superficial Feet Statute Adults. eaclu
I
Ship's Name. Master's Tons per in several sive of Master, Crew, Where
Name. Register. Compartments set and Cabin Pnavcugers, bound.
apart for Steerage which the Ship can
Passengers. legally carry.
I hereby certify, that the t rovisions actually laden on board this ship are sufficient, according to
the rt quirements of Part 111. of the. Merchant Shipping Act, 1494 for statute adults
for a voyage of days.
(Signature) ___Master.
Date _- i8
306
NAMES AND DESCRIPTIONS OF PASSENGERS.
ENGLISH. SCOTCH. IRI SH. FOREI GNERS.
Ports Names y Age of each Ages of Age of each Ages of Age of each Ages of Age of each Ages of Portat!
Adult of 12 Year Chil- Adult of 12 Year Chil- Adult of 12 Years Chil- .tdult of 12 Years Chil- whi ch
c
2 and upwards. dren and upwards. dren and upwards. passen
whi ch -
Of k of dren
dren Infants, and upwards.
between between Infants. between Infants. Infants. gars
1 and 12
between have
hmbar- Uo Passen- 1 and 1 1 and 12 1 and 12
Mamed.) Single. Years. Married. Single. Years. Married] Single. Years. Married.I Single. Years. con-
gars.
c tracted
k a tion. F C to
d d _ a ° m d land.
c C7 as aE m m m m E E
d a y a a d m x
P4 3
W W ` W W W P", W
C"
II
OC
.
.P
[Cx. 60.] Merchant Shipping Act, 1894. [57 & 58 VICT.]
A.D. 1894. SUMMARY OF STEERAGE AND CABIN PASSENGERS.
Number of Souls.
NATIONALITIES. Adults of 1.2 Years of Age and upwards.

Children between IL facts.
I and 12 Tears.
Married. Single.
1I. F. M. F. M. F. M. F.
English -
Scotch -
Irish - -
Foreigners
TOTAL
NO.
Total Number of Adults - - - -
Children between 1 and 12; equal to Statute Adults
Total Number of Statute Adults - -
We hereby certify, that the above is a correct list of the names and descriptions of
all the passengers who embarked at the port of
(Signed) -----Master.
_--Emigration Officer.
(Countersigned) Officer of Customs at,
Date 18
N.B.-Lines should be ruled in the same form for any additions to the list after the
ship first clear out,; and similar certificates be subjoined to such additions, according. to
the requirements of the Act.
FORM III.
FORM OF GOVERNOR'S OR CONSULAR OFFICER'S CERTIFICATE OF EXPENDI-
TURE IN THE CASE OF PASSENGERS WRECKED OR FORWARDED.
O If more pas-
conggers were forr-
I hereby certify, that, acting under and in conformity with the provisions
coed than for- of the Merchant Shippingg Act, 1894, 1 have defrayed the expenses incurred
warded, or if in rescuing, maintaining, supplying with necessary bedding, provisions,
bedding, &c. was
not supplied, and stores (1), and in forwarding to their destination steerage
alter the eertiti- passengers [and cabin passengers (2)], who were proceeding
fate. to suit the v
facts of the case. from to in the ship , which was wrecked
(2) Omit words at sea, &c. (s).
brackets when
necessary. And I further certify, for the purposes of Part III. of the said Act,
(3) state gene- that the total amount of such expenses is pounds, and that such
rally the nature
of the disaster expenses were duly incurred by me under the said Act.
and where it ee- Given under m my hand, this
carred. But if day of 18 .
the passengers f
Governor of, 4-c., (or as
were only left
behind, without
any default of
I the case
British
may
Consular
be,)
their own, state
the fact accord- Officer at
ugly.
Section 350. FORM IV.
FORM of PASSAGE BIIOI:ER'S BOND.
(') Insert names Kxow all A.B. (l) of
men by these presents, that we,
and, surnames in C.D. of,
full with occu- 4-c. and E.F. of, 8fc. are held and firmly bound
pation and
address of each unto our Sovereign by the Grace of God of the United
off he Part ie8. Kingdom of Great Britain and Ireland defender of the Faith,
in the sum of one thousand pounds of good and lawful money of Great
Britain, to be paid to our said Sovereign, Her [His-i heirs and succes-
sors; is which payment well and truly to be made we bind ourselves
and every of us, jointly and severally, and our heirs, executors, and
administrators, and every of them, firmly by these presents. Sealed
308
with our seals. Dated this day of one thousand A.D. 1894;
eight hundred and
Whereas by Part III. of the Merchant Shipping Act, 1894, it is amongst
other things enacted, that a person shall not, save as therein excepted,
directly or indirectly act as a passage broker in respect of steerage passages
from the British Islands to any port out of Europe, and not within the
Mediterranean Sea, unless such person has entered, with two good and
.sufficient sureties, to be approved by the emigration officer nearest to his
place of business, into a joint and several bond to the Crown, in the sum of
one thousand pounds : And whereas the said C.D. and E.F. have been duly
.approved by the proper emigration officer as sureties for the said A.B. :
Now the condition of this obligation is such, that if the above bounden
A.B., and every agent whom he may employ in his business of a passage
broker, shall well and truly observe and comply with all the requirements
of the said Act, so far as the same relate to passage brokers, and further
shall well and truly pay all fines and forfeitures, and also all sums of money,
by way of subsistence money, or of return of passage money or compensa-
tion, to any steerage passenger, or on his account, together with all 'costs
which the above bounden A.B., or any of his agents as aforesaid, may at any
time be adjudged to pay under or by virtue of the said Act, then and in
such case this obligation to be void, otherwise to remain in full force.
Signed, sealed, and delivered by the above bounden A.B., C.D., and
E.F., in the presence of (2) (z) Insert the
names and
N.B.-This bond is to be executed in duplicate, in the presence of and addresses
full of the
in
to be attested by an emigration officer or his assistant, or an officer of witnesses.
customs, or a magistrate, or a notary public. One part is to be deposited
with the Board of Trade and the other part with the emigration officer at
the port nearest to the place of business of the broker.
Each member of a firm or partnership who acts as a passage broker must
give a separate bond with two sureties.
The bond is exempt from stamp duty, but must be renewed annually
with the licence.
FORM V.
FORISI OF PASSAGE BROKER'S LICENCE.
A. B.(1) of in the having shown to the (1) The names
surnames in
satisfaction of the council of [or me (or us) the undersigned], and
fun, with the
that he hath given bond to the Crown, as required by the Merchant trade orand
address
occu.
Shipping Act, .1894, and also given fourteen days previous notice to the patton of the
Board of Trade of his intention to apply for a licence to carry on the portnae peing
business of a passage broker in respect of steerage passages from the British must be correctly
a
Islands to any port out of Europe, and not within the Mediterranean Sea, member of of
I
the said council [or (or we), the undersigned], having had no sufficient firm, the names
and surnames of
cause shown and seeing no valid reason why the said A.B.,should not all the members
receive such licence, do hereby license and authorise the said A.B. to carry must be given.
on the business of a passage broker as aforesaid until the end of the present
year, and thirty-one days afterwards, unless this licence shall be sooner
determined by forfeiture for misconduct on the part of the said A.B. as
provided in the Merchant Shipping Act, 1894.
Given under the common seal of the said council [or my hand and seal
,(or our respective hands and seals)], this day of 18
at
(L.s.) [signature authenticating seal.]
Sheriff, or sheriff substitute, or
[or Signature] justices of the peace as the
case may be.
Note.--Each member of a firm or partnership who acts as a passage broker must have
a separate licence.
809
[Cx. 60.] Merchant S/tiplhi?u,/ Act, 1894. [57 & 58 VicT.]
A.D. 1894. FoRU VI.

FORM of NOTICE to be given to the Board of Trade by Licensing
Authority granting a Licence.
Gentlemen,
Tais is to give you notice, that the council of [or we
(or I), the undersigned], did on the day of 18 license
(1) Insert the
names cud sur- A.B. of(t) to carry on the business of a passage broker
names in full, under the provisions of the Merchant Shipping Act, 1894.
with the address
and occupation Clerk of the said
of the party. Signatures council or sheriff or
Justices of the Peace,
or as the case may be.
Place
Date
To the Board of Trade, London.
FORM VII.
FORM of NOTICE to be given to the Board of Trade by an Applicant for
a Passage Broker's Licence.
e) The names Gentlemen,
and surname in
full, with the I s A.B.(1) of in do hereby give
r, you notice
address and trade that it is my intention to apply, after the expiration of fourteen clear days
or occupation of
the part y - f rom the date of putting this notice into the post to the council for the
iugsohaa licence, city or borough or district of if
or in Scotland to the sheriff or
here
correctly in-
serted.
sheriff substitute of or if in Ireland to the justices assembled
in petty sessions to be held (2), as the case may be, for a licence
(')The place
o, district in to carry on the business of a passage broker under the Merchant Shipping
which the party Act, 1894.
giving the notice
has his place of Signature
business.
Date
To the Board of Trade, London.
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.
Gentlemen,
THIS is to give you notice, that the licence granted on the
() The names day of 18 to A.B. (1) of in to act
and surname in
full, with the as a passage broker, was on the day of now last
and rade past duly declared by me (or us) the undersigned to be forfeited.(2)
re
ad occupntion of
the party, to be Signatures
here inserted.
(1) Here state
generally the Place and date 18
reason offor. To the Board of Trade, London.
feiture.
Fount IX.
FORM of APPOINTMENT of Passage Broker's Agent.
DIRECTIONS, 1, A.B. of, 4-c. (or as the case may be), one of the partners and on
Insert in the behalf of the firm of, 4c. (name all the partners and the style of the firm),
proper places carrying on the business of
the n:unes and at , do hereby nominate
surnames in full, and appoint you C.D. of, 4-c., to act as my agent and on my behalf in the
with the correct
addresses and sale or letting of steerage passages and otherwise in the business of a
designations of passage broker, according to the Merchant Shipping Act, 1894.
the constituent
and agent re-
spectively.
Signature in full-
Place and date-----
Counter signature Emigration officer at the
lI port of
310
[5; & 58 VICT.] Merchant Shipping Act, 1894. [CH. 60.]
FORM X. A.D. 1894.

FORM of EMIGRANT RUNNER'S Annual Licence.
A.B. (1) of in the (1) The mums
and surname
having made application in writing to the council of
them
[or me, the sheriff, or us, the undersigned justices of the peace assembled address of the
rt
in petty sessions, for the of ] to for t h e
grant to him a licence to enable him to be registered as an emigrant muse be here
runner in and for (2) , and the said [A.B.] serted.
having also been recommended as a proper person to receive such licence town, (2) District,
by an emigration officer, or bthe

or place
y chief constable [or other head officer ofin which the
police, as the case may be] of [the district, town, or place in emigrant runnel
on his
which the said A.B. is to carry on his business] : the said council [or I, the butsiin ss.3
sheriff, or we, the under-mentioned justices] having no sufficient cause shown
and seeing no valid reason why the said A.B. should not receive such
licence, do hereby grant to him this licence for the purposes aforesaid,
subject nevertheless to be revoked for misconduct on the part of the said
A.B., as provided in the Merchant Shipping Act, 1894.
(Signatures, and authenticating seal.)
311
FIFTEENTH SCHEDULE.
Section 375.
NUMBER and DIMENSIONS of BOATS for FISHING BOATS entered in the FISHING BOAT REGISTER.
COLUMN 2. COLUMN 3 .
COLUMN 1. -- COLUMN 4.
To be carried by To be carried by
Registered Tonnage. To be Sailing Boats and by Steam Bouts which do Total
carried by Sailing Boats and Steam Boats when they Number of
Steam Boats. do not carry the Boats not carry the Boat in Bouts.
in Col. 3. Col. 2.
Boats. Boats. Launches. Boats.
Sailing Steam -- -- - c
Steam Boats.
Boats Boats. p e
C G S G d C J:. G i P. = '
I ", ., a ca a .; a w a n
I !
Tons. Tons. Ft. Ft. In. Ft. In. Ft. Ft. In. Ft. Ill. Ft. Ft. In. Ft. In. ' '
Ft. Ft. In. Ft. In.
400 and upwards 2i0 and upwards 1 j It, 5 6 2 3 1 22 5 6 2 5 1 22 6 6 3 3 2 22 5 6 I L 6 3 :101' 4, as the cast may be.
f
200 to 400 120 to") - - 1 14 3 0 2 2 - - - - 1 20 6 0 3 0 2 22 5 6 2 6 2 2 or 1
100 to 200 - - 60 to 120 - 1 li 3 0 2 2 - - - - 1 16 5 6 2 0 'L 18 5 8 'L 4 2 2 or 3
Under loo - - - 1 Under 60 - - 1' 14 3 0 2 2 - - - - - - - - - - - - I 1
Note.-In sailing boats carrying the number of boats above specified, and steamboats carrying the larger of the two numbers above specified, the boats are to Ire considered sufficient,
if their aggregate cubic contents are equal to the aggregate cubic contents of the boats specified.
In steam boats carrying the smaller of the two numbers, specified in column 4, one of the boats must be a launch of the capacity specified in column 2.
In sailing boats of 214) tons burden and under, not carrying passengers, a dingy may be substituted for the bout in column 1
In sailing boats of 150 tons burden and under, not carrying passengers, a substantial boat of capacity sufficient to carry the t'reat' way be substituted for those. above sl.ecitied.
In all steam boats, two pauldlebox boats may be substituted for the boats in column 3.
'[57;& 58 VICT.] Merchant Shipping Act, 1894. [CH. 60.]
SIXTEENTH SCHEDULE.
A.D. 1894.
Maximum Fees for Inspection of Lights and Fog Signals.
£ s. d.
For each visit made to a ship on the application of the owner Section 420.
Lt and for each visit made where the lights or
fittings are found
defective - - - - - - - 0 10 0
Provided that the aggregate amount of fees for any such inspection shall
.not exceed one pound whatever may be the number of separate visits.
SEVENTEENTH SCHEDULE.
LIFE SAVING APPLIANCES.
Constitution of the Committee.
(1.) Three shipowners selected by the Council of the Chamber of Shipping Section 429.
'of the United Kingdom.
(2.) One shipowner selected by the Shipowners Associations of'Glasgow
and one shipowner selected by the Liverpool Steamship Owners Association
and the Liverpool Shipowners Association conjointly.
(3.) Two shipbuilders 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 recognised 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 selected conjointly by the Committee of Lloyd's, the
Committee of Lloyd's Register Society, and the Committee of the Institute
.of London Underwriters.
EIGHTEENTH SCHEDULE.
Precautions as to Grain Cargo.
(1.) There shall not be carried between the decks, or, if the ship has Section 453.
more than two decks, between the main and upper decks, any grain in
bulk, except such as may be necessary for feeding the cargo in the hold,
and is carried in properly constructed feeders.
(2.) Where grain (except such as maybe carried in properly constructed
feeders) is carried in bulk in any hold or compartment, and proper pro-
vision for filling up the same by feeders is not made, not less than one
.fourth of the grain carried in the hold or compartment (as the case may
be) shall be in bags supported on suitable platforms laid upon the grain in
:bulk : Provided that this regulation with respect to bags shall not apply-
(a) to oats, or cotton seed ; nor
,(b) to a ship which is a sailing ship of less than four hundred tons
registered tonnage, and is not engaged in the Atlantic trade; nor
(c) to a ship laden at a port in the Mediterranean or Black Sea, if the
ship is divided into compartments which :;re formed by, substantial
transverse partitions, and are fitted with longitudinal bulkheads or
.such shifting boards as herein-after mentioned, and if the ship does
not carry more than one fourth of the grain cargo, and not more than
,one thousand five hundred quarters in any one compartment, bin, or
division, and provided that each division of the lower hold is, fitted
with properly constructed feeders,from the between decks ; nor
(d) to a ship in which the grin, cargo does not exceed one half of
the whole cargo of the ship, and the rest of the cargo consists of
cotton, wool, flax, barrels or sacks of flour, or other suitable cargo so
313
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 VIM]
A.D. 1894. stowed as to prevent the grain in any compartment, bin, or division
from shifting.
(3.) Where grain is carried in the hold or between the decks, whether
in bags or bulk, the hold or the space between the decks shall he divided
by a longitudinal bulkhead or by sufficient shifting boards which extend
from deck to deck or from the deck to the keelson and are properly secured,
and if the grain is in bulk are fitted grain-tight with proper fillings
between the beams.
(4.) In loading the grain shall be properly stowed, trimmed, and secured.
NINETEENTH SCHEDULE.
PART I.
STATEMENTS IN THE CASE OF SALVAGE BY HER MAJESTY'S
SHIPS.
(1.) Particulars to be stated both by the salvor and by the master or
Section 558.
other person in charge of the vessel, cargo, or property saved :-
(a.) The place, condition, and circumstances in which the vessel, cargo,
or property was at the time when the services were rendered for
which salvage is claimed :
(b.) The nature and duration of the services rendered.
(2.) Additional particulars to be stated by the salvor :--
(a.) The proportion of the value of the vessel, cargo, and property, and
of the freight which he claims for salvage, or the values at which he
estimates the vessel, freight, cargo, and property respectively, and the
several amounts that he claims for salvage in respect of the same :
(b.) Any other circumstances which he thinks relevant to the said claim.
(3.) Additional particulars to be stated by the said master or other
person in charge of the said vessel, cargo, or property :-
(a.) A copy of the certificate of registry of the said vessel, and of the
endorsements thereon, stating any change which (to his knowledge or
belief) has occurred in the particulars contained in the certificate;
and stating also to the best of his knowledge and belief, the state of
the title to the vessel for the time being, and of the incumbrances and
certificates of mortgage or sale, if any, affecting the same, and the
names and places of business of the owners and incumbrancers :
(b.) The name and place of business or residence of the freighter (if any)
of the said vessel, and the freight to be paid for the voyage on which
she then is :
(c.) A general account of the quantity and nature of the cargo at the
time the salvage services were rendered :
(d.) The name and place of business or residence of the owner of the
cargo and of the consignee thereof:
(e.) The values at which the master or person making the statement
estimates the vessel, cargo, and property, and the freight respectively,
or if he thinks fit, in lien of the estimated value of the cargo, a copy
of the vessel's manifest :
(f.) The amounts which the master thinks should be paid as salvage for
the services rendered :
(g.) An accurate list of the property saved in cases were the vessel is not
saved :
(h.) An account of the proceeds of the sale of the vessel, cargo, or
property, in cases where the sane or any of them are sold at the port
where the statement is made :
(i.) The number, capacities, and condition of the crew of the vessel at
the time when the services were rendered ; and
(k.) Any other circumstances he thinks relevant to the matters in
question.
814
[5 7 & 58 VIcT.] Merchant Shipping Act, 1894. [Cii. 60.]
PART If. A.D. 1894.
SALVAGE BOND.
[N.B.-Any of the Particulars not hnown, or not required, by reason of
the Claim being only against the Cargo, 4c., may be omitted.]
Whereas certain salvage services are alleged to have been rendered by
the vessel [insert names of vessel and of commander], commander, to the
merchant vessel [insert names of vessel and masterl, master, belonging to
[name and place of business or residence of owner of vessel], freighted by
[the same of the freighter], and to the cargo therein, consisting of [state
very shortly the descriptions and quantities of the goods, and the names
and addresses of their owners and consignees]
And whereas the said vessel and cargo have been brought into the port
of [insert name and situation of port], and a statement of the salvage
claim has been sent to [insert the name of the consular officer or judge of
the Colonial Court of Admiralty or Vice-Admiralty Court and of the
office he fills], and he has fixed the amount to be inserted in this bond
at the sum of [state the sum].
Now I, the said [master's name], do hereby, in pursuance of the
Merchant Shipping Act, 1894, bind the several owners for the time being
of the said vessel and of the cargo therein and of the freight payable in
respect of that cargo and their respective heirs, executors, and adminis-
trators, to pay among them such sum not exceeding the said sum of [state
the sum fixed], in such proportions and to such persons as [ifthe parties
agree on any other court, substitute the name of it here], the High Court
in England shall adjudge to be payable as salvage for the services so
alleged to have been rendered as aforesaid.
In witness whereof I have hereunto set my hand and seal, this [insert
the date] day of
Signed, sealed, and delivered by the said [master's name].
(z s )
In the presence of [name of consular officer or judge of the Colonial
Court of Admiralty or Vice-Admiralty Court, and of the office he fills.]
TWENTIETH SCHEDULE.
MAXIMUM FEES AND REMUNERATION OF RECEIVERS.
on oath instituted by a receiver with £
For every examination s. d. Section 567.
respect to any vessel which may be or may have been in
distress, a fee not exceeding - - - - 1 0 0
But so that in no case shall a larger fee than two pounds be
charged for examinations taken in respect of the same
vessel and the same occurrence, whatever may be the
number of the deponents.
For every report required to be sent by the receiver to the secre.
tary of Lloyd's in London, the sum of - - -. 0 10 C
For wreck taken by the receiver into his custody, a per-centage
of five per cent. upon the value thereof.
But so that in no case shall the whole amount of per-centage
so payable exceed twenty pounds.
In cases where any services are rendered by a receiver, in respect
of any vessel in distress, not being wreck, or in respect of the
cargo or other articles belonging thereto, the following fees
instead of a per-centage; (that is to say,)
If that vessel with her cargo equals or exceeds in value
six hundred pounds, the sum of two pounds for the first,
and the sum of one pound for every subsequent day during
which the receiver is employed on that service, but if that
vessel with her cargo is less in value than six hundred
pounds, one moiety of the above-mentioned sum.
315
[CH. 60.] Merchant Shipping Act, 1894. [57 & 58 Vic°r]
A.D. 1894. TWENTY-FIRST

Section 582.
MAXIMUM RATES of PILOTAGE to be DEMANDED and RECEIVED by

[N.B.-The Rates which can be actually taken may, by virtue of an order
OUTWARDS.
7 Feet
From To and
under.
£s.d. £ .c. d.! £ ,r. d. £ s* d ig

£ 8.d. £s.d.i£s. rl.
( Nore Warps - - 3 13 6 4 2 9i 412 0 5 1 3 I 5 5 9 6 5 01 6 13 6
The Sea, I Gravesend. Chatham,)

Orford- Standgate Creek, or 4 12 01 5 7 9 6 3 3: 618 0 j 711 9 8 5 6 8 19 6
ness, the Blackstakes. )
Downs,
joyseIey I Long Reach 4 16 6 5 12 3! 6 8 0 7 2 6, 718 3 814 9 9 s 6
Ba, and
1
vice WoolwichorBlackwall 5 5 9'G 1 6I 6 17 W711 8 10 3 9 4 0 10 2 (i

versa.
Moorings or London
Docks. 5 16 0 6 9 91 7 3 61 717 J 819 6 9 13 3 10 11 6
Gravesend, Standgate)
Creek, or Black- } 1 18 91 2 3 3 2 7 0 210 6 2 19 9 3 6 3 3 11 1)
stakes. ) t
The Long Reach orl 3i
Wars 2 6 0 2 10 6 2 15 2 19 9 3 9 0 3 18 3 4 2 9
and vice Chatham.
1
ve r s a . Woolwich or Blackwall 9j3 8 0 313 6 4 2 9 4 10 3 4 11) 0

Moorings or London 4 6
U Docks. f `
3 10 9 3 17 3 4 2 9 4 16 6 5 5 9 5 15 0
Long Reach - 0 9 3 0 14 9 1 0 3 1 .5 3 110 (1 114 6 111) 0

Woolwich or Blackwall 1 3 o 1 7 6 1 1 13 3 116 9! 2 4 3 213 6: 3 2 (1
l
Gravesend ( Moorings or London) 1

6 0I
Reach, Docks, S,
7 1 14 2 0 6 2 (; 0 2 15 3 3 4 6! 313 0
and vice
versa. Sheerness, Standg,Ltc)
Creek, or Black- }
stakes. )))
2 15 3 2 19 0 3 1 9 3 4 63 1.3 6 4 2 9 41.2 0
L Chatham - - 3 4 61 3 g 0I 3 10 9 31:3 6! 4 2 9 412 0 5 1 3
l Woolwich or Blackwall 1 0 Is 61 1 2 01 1 4 9 1 7 6I 1 16 9 2 6 0 2 15 3
Moorings or London
Long Docks. 11
1 7 6 111 31 1 14 0 116 0 2 6 O 2 15 3 3 4 6
Roach,
and vice Sheerness, Standgate)
versa. Creek, or Black- 3 4 6 3 8 0, 3 10 9! 3 13 6 4 0 412
2 01
5 1 3
stakes.
Chatham - - 3 13 6 3 17 3 4 0 0 4 2 9 4 12 0 5 1 31 510 6
Moorings or London
Docks. 0 18 6 1 2 0 1 4 9 1 7 6 10 0 1 12 3 1 16 9
Woolwich 1
or Blnek-
wall, ands Sheern ess, Standgatol
vice Creek, or Black } 3 13 6 3 17 :1 14 0 0 4 2 1) 4 12 0 5 1 3 5 10 6
versa. stakes. ))
Chatham - 4 2 9 4 6 6 4 9 31 4 12 0 5 1 3 5 10 6 5 19 6
316
[57 & -58 VICT.] Merchant Shipping Act, 1894. [CH. 60.]
SCHEDULE. A.D. 1894.
qualified PILOTS for piloting Snips within the under-mentioned Limits.

of the Trinity House, be less than those mentioned in this Schedule.]
OUTWARDS.
23 Feet
14 Feet. 15 Feet. 16 Feet. 17 Feet. 18 Feet. 19 Feet. 20 Feet. 21 Feet. 22 Feet. and
upwards.
£ s. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s, d £ s. d. £ s. d. £ s. d.
7 7 3 716 6 814 9 9 8 6 1017 0 1110 0 1217 6 14 5 3 1611 3 18 8 0
913 3 10 7 0 11 0 9 1114 6 14 1 6 1613 0 19 6 6 21 5 0 23 3 9 25 2 3
10 0 0 1016 3 1110 0 13 3 6 15 9 0 1811 9 21 5 0 23 0 0 2416 9 2613 6
11 0 .9 1114 6 12 8 6 14 3 6 16 5 9 1911 0 22 1 6 2416 9 27 12 0 -

1110 0 12 8 6 13 2 3 1414 6 17 0 6 2010 3 23 4 6 - - -
315 6 4 2 9 410 3 5 1 3 516 0 6 8 9 714 6 814 0 913 3 1012 6
4 7 0 413 9 5 5 0 5 16 0 6 15 3 8 5 6 913 3 1012 6 1111 9 1215 3
5 8 6 516 0 6 4 3 7 2 6 8 3 9 9 4 0 1111 9 1211 3 1316 0 -

6 4 3 6 1 3 6 7 2 6 8 1 0 9 4 0 11 0 9 1217 6 1316 0 - -
2 3 9 2 8 3 213 0 217 6 3 2 0 3 6 9 311 3 412 0 510 6 -
311 9 3 1 8 3 4 5 6 413 9 5 1 2 6 4 3 711 9 819 6 913 3 -
4 2 9 412 0 5 1 3 510 6 519 6 7 7 3 814 9 - - -
5 1 3 510 6 519 6 6 8 9 618 0 7 7 3 716 5 - - -
510 6 519 6 6 8 9 618 0 7 7 3 716 5 8 5 6 - - -
3 4 6 313 6 4 2 9 412 0 5 3 6 516 0 6 8 9 8 5 6 9 4 0 -
313 6 4 2 9 412 0 5 3 6 516 0 6 8 9 7 7 3 9 4 0 - -
510 6 5 19 6 6 8 9 6 18 0 7 7 3 717 6 8 5 6 814 9 - -
519 6 6 8 9 618 0 7 7 3 716 6 8 5 6 814 9 9 4 0 - -
2 1 6 2 6 0 210 6 215 3 219 9 3 4 6 3 9 0 - - -
5 19 6 6 8 9 6 18 0 7 7 3 7 16 6 8 5 6 8 14 9 - - -
6 8 9 618 0 7 7 3 717 6 8 5 6 814 9 9 4 0 - - -
317
A.D. 1894.
INWARDS.
From
From To Under Feel to 11 Feet. 12 Feet. 13 Feet. 14 Feet.
Feet. 10Feet.
F a. d. ) C R. d. £ a. d. £' a. d. 2 a. d. £ a. if.
Nore, Sheerness, 1
Standgate Creek, 5 5 0 7 17 6' 8 13 3 9 9 0 10 4 9 11 0 d

Th e I Gravesend.
Downs j Longrtarch - 5 16 0 8 8 1; . 1) 9 0 10 4 10 11 3 0 11 18 1 0
Blackwall or London . 6 12 3 819 6 10 4 9 11 0 6 12 1 0 1217 3

Stand-'1
gate Gravesend - - 3 6 2 3 17 0 4 8 2 4 1 9 0 510 3 8 1 3
Creek.
NOTE 1.-Foreign Ships are to pay One Fourth more than British Ships. except when privileged
British ships. in which cases such Ships are to pay the same Rates of Pilotage only as are payable by
NOTE 2.-For Half a Foot exceeding the above Draughts of Water, the Medium Price between the
For putting a Pilot on board, and for 60 Tons. 150 Tons, 250 Tons, 400 Tons, i (00 Tons,
Pilotage of Ships to the Anchorage to the and and and and and
Downs.' under 150. under 250. under 400. tinder 000. ; upwards.
Q a. d. Q R. d. C a. d. .£ a. if. .9 8. d.
From off Dungeness to off Folke-)
stone; the Church bearing N.N.W. 2 0 0 3 0 0 3 10 0 4 0 0 5 5 U
by Compass 1,
From off Folkestone to the South Fcre. )

land, the Lights in one -) 1 10 0 2 0 0 2 10 0 3 0 0 4 4 0
From off the South Foreland to the)

Downs - - - 1 5 0 1 5 0 1 10 0 2 0 0 3 3 0
When the Pilot is put on Board by a Boat from the Shore, One Seventh to the Pilot, and the
remaining Six Sevenths to the Boat and Crew.
318,
A.D. 1894.
INWARDS.
23 Feet
15 Feet. 16 Feet. 17 Feet. 18 Feet. 19 Feet. 20 Feet. 21 Feet. 22 Feet. and
upwards.
£ s. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s. d. £ s. d.
1116 3 1212 0 13 7 9 16 1 3 19 0 0 22 1 0 24 5 0 26 9 2 28 13 3
12 18 .3 13 14 0 15 0 9 17 14 4 21 4 2 24 5 1 26 9 2 28 13 3 30 17 4
14 0 4 14 16 0 16 13 9 19 7 5 23 8 3 26 9 2 28 13 3 - -
6 12 3 7 3 3 7 14 4 8 5 4 8 16 4 9 7 4 - - -
I
to enter the Ports of the United Kingdom upon paying the same duties of Tonnage as are paid by
British Ships.
Two Limits.-For intermediate Distances a proportionate Rate.
In the River For a Boat of a Class carrying an Anchor of rPer Trip for the whole Dis-
above 4 Cwt. with a corresponding Tow £ s. d. Lance from Gravesend to
I
Thames Liu, - - - - 2 2London and in proportion
0
above Do. Do. - 2 Cwt. 1 1 0 for any Part of that Dis-
Gravesend. Do. Do, under 2 Cwt. 0 15 0 tance.
And for each Man's Service in those Boats, 8s. per Tide.
For removing a Ship from Moorings into a Dry or Wet Dock:
£s.d.
For a Ship under 300 tons 0 15 0
300 to 600 ., 1 1 0
600 to 1.000 1 11 6
above 1,000 2 2 0
319
[CH. 60.] Merchant Shipping Act, 1894. [51' & 58 VicT.)
A.D. 1894. TWENTY-SECOND SCHEDULE.
Section 745.
REPEAL.
Session and Chapter. Short Title. Extent of Repeal.
17 Edw. 2. Stat. 2. Prerogativa Regis The words " wreck of the

c. 11. (Prerog. Reg. sea."
Stat. temp. incert.
c. 13 in Rev.
Edition).
4 Geo. 4. c. 80. An Act to consolidate Section twenty-seven,
and amend the several section twenty-eight,
laws now in force with from " and for every
respect to trade within omission" to "herein
the limits of the is required " and the
charter of the East word " omission " after
India Company, and " non-observance," and
to make further pro- section thirty-four.
vision with respect to
such trade . . . .
15 & 16 Viet. c. 26. - The Foreign Deserters The whole Act.

Act, 1852.
16 & 17 Viet. c. 84. - An Act to amend the The yhole Act.
Passengers Act, 1852,
so far as relates to the
passages of natives of
Asia or Africa, and
also passages between
the Island of Ceylon
and certain parts of
the East Indies.
17 & 18 Viet. c. 104.1 The Merchant Shipping The whole Act.
Act, 1854.
17 & 18 Viet. c. 120. The Merchant Shipping Section sixteen.

Repeal Act, 1854.
18&19Viet.c.91.- The Merchant Shipping The whole Act.

Act (Amendment)
Act, 1855.
18 & 19 Viet. c. 119. The Passengers Act, The whole Act.
1855.
19 & 20 Viet. c. 41. - The Seamen's Savings The whole Act.

Bank Act, 1856.
24 & 25 Viet. c. 10. - The Admiralty Court Sections nine, twelve, and
Act, 1861. twenty-four.
24 & 25 Viet. e. 52. - The Australian Pas- The whole Act.,
sengersAct, 1861.
25 & 26 Viet. c. 63. - The Merchant Shipping The whole Act.
Amendment Act,
1862.
820
[57 & 58,VIOT.] Merchant Shipping Act, 1894. [CH. 66.]
A.D. 1894.
26 & 27 Viet. c; 51. - The Passengers Act The whole Act.

Amendment Act,
1863.
30 & 31 Viet. c. 114. The Court of Admiralty Sections - thirty-five and

(Ireland) Act, 1867. forty-five.
30 & 31 Viet. c. 124. The Merchant Shipping The whole Act, except
Act, 1867. section one as far as
" Act, 1867," and section
twelve.
31 & 32 Viet. c. 45. - The Sea Fisheries Act, Sections twenty-two to
1868. twenty-four.
31 &. 32 Viet; c. 129. The Colonial Shipping The whole Act.
Act, 1868.

(Colonial) Act, 1869.
33 & 34 Viet. c. 95. - The Passengers Act The whole Act.
(Amendment) Act,
1876.
34 & 35 Viet. c. 110. The Merchant Shipping The whole Act.

Act, 1871.
35 & 36 Viet. c. 73. - The Merchant Shipping The whole Act, except,
Act, 1872. sections one, ten, and
seventeen.
Act, 1873.
37 & 38 Viet. c. 88. - The Births and Deaths Section thirty-seven, except
Registration Act, sub-section (6), and ex-
1874. cept so far as the section
relates to Her Majesty's
ships.
38 & 39 Viet. c. 17. - The Explosives Act, Section forty-two.
1875.
39 & 40 Viet. c. 27. - The Local Light Dues The whole Act.
Reduction Act, 1876.

Act, 1876.
40 41Vict.c.16.- The Removal of Wreck The whole Act.

Act, 1877.
42 & 43 Viet. c. 72.. The Shipping Casualties The whole Act.

Investigation Act,
1879.
43 & 44 Viet. c. 16. - The Merchant Seamen The whole Act, except the
Payment of Wages first paragraph of 'section
and Rating Act, 1880. one and section eleven.
X 321
[CH. 60.] Mcrchcti t ,S'hip,l,iitTi Act, 1594. [57 & 58 VICI']
A.D. 1894. Short Title. Extent of Repeal.

Session and Chapter.

Act (1t5t) Amend-
ment Act, 1880.
43 & 44 Viet. c. 22. - The Merchant Shipping Sections two, five, six, and
(Fees and Expenses) seven.
Act, 1850.

(Carriage of Grain)
Act, 1880.
45 & 46 Viet. c. 55. - The Merchatt Shipping The whole Act, except the
(Expenses) Act, 1882. first paragraph of section
one and section eight.

(Colonial Inquiries)
Act, 1882.
46 & 47 Viet. c. 22. - The Sea Fisheries Act, Section eight.

1883.

(Fishing Boats) Act,
1883.
49 & 50 Viet. c. 38. - The Riot (Damages) In section six,

Act, 1886. . Paragraph (a), and the
words " plundering,
damage," before " in-
jury; ' and from " and
as if" to the end of the
section.
50 & 51 Viet. e. 4. - The Merchant Shipping The whole Act.

(Fishing Boats) Act,
1887.

(Miscellaneous) Act,
1887.

(Life Saving Appli-
ances) Act, 1888.
52 & 53 Viet. o. 5. - The Removal of Wrecks The whole Act.

Act, 1877, Amend-
ment Act, 1.889.
52 & 53 Viet. c. 29.. The Passenger Acts The whole Act.

Amendment Act,
1889.

('t'onnage) Act, 1889.

Act, 1880.
322
[57 & 58 VICT.] Merchant Shipp(in9 Act, 1894.
52 & 53 Viet. c. 68. - The Merchant Shipping- The whole Act.

(Pilotage) Act, 1889.
52 & 53 Viet. c. 73. - The Merchant Shipping The'whole Act.
(Colours) Act, 1889.
53 & 54 Viet. c. 9. - ! The ?erchant Shipping The whole Act.
Act, 1890.
Act, 1892.
Printed by ErRE and SPOTTISWOODE,

FOR
T. Dicer PscorT, Esq., C.B., the Queen's Printer of Acts of Parliament.

Merchant Shipping Act 1854

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Merchant Shipping Act, 1894.

[57 & 58 VICT. OH. 60.]

ARRANGEMENT OF SECTIONS. A.D. 1894.

Qualification or owning British Ships.

Obligation to register British Ships.

Procedure for Registration.

A.D. 1894. Section.

Transfers and Tra'nsmzissions.

24. Transfer of ships or shares.

31. Mortgage of ship or share.

Certificates of Mortgage and Sale.

39. Powers of mortgage and sale may be conferred by certificate.

47. Rules as to name of ship.

Registry of Alterations, Registry anew, and Transfer of Registry.

Trusts and Equitable Rights.

Liability of Beneficial Owner.

Declarations, Inspection of Register, and Fees.

Returns, Evidence, and Forms.

Forgery and false Declarations.

National Character and Flag.

A.D. 1894. Measurement of Ship and Tonnage.

Ports of Registry in Place under Foreign Jurisdiction Act.

89. Powers of governclrs in colonies.

92. Certificates of competency to be held by officers of ships.

Apprenticeship to the Sea Service. A.D. 1894.

Licences to supply Seamen.

Agreements with Lascars.

Advance and Allotment of Wages.

Seamen's Money Orders and Savings Banks.

Rights of Seamen in respect of Wages.

Mode of recovering Wages.

Power of Courts to rescind Contracts.

Property of deceased Seamen,

Reimbursement of Relief to Seamen's Families.

Leaving ,Seamen Abroad.

A.D. 1894. Distressed Seamen.

Volunteering into the Navy.

Provisions, Health, and Accommodation.

Facilities for making Complaint.

Protection of Seamen from Immpositioni.

244. Continuance and constitution of local marine board.

Mercantile Marine Offices.

246. Establishment and control of mercantile marine offices.

Registration of and Returns respecting Seamen.

251. Establishment of register office.

A.D. 1894. Section.

Sites for Sailors Homes.

Application of Part II.

Definition of Passenger Steamer and Passenger.

Definition of Emigrant Ship, &c.

268. Emigrant ship," &c. to which Part applies.

269. Scale for determining length of voyages.

Survey of Passenger Steamers.

General Equipment of Passenger Steamers.

Keeping Order in Passenger Steamers.

Survey of Emigrant Ships.

Number of, and Accommodation for, Passengers.

Provisions, Water, and Medical Stores.

A.D. 1894. Dangerous Goods, awl Carriage of Cattle.