Merchant Shipping Act 1894
PART IRegistry.
Qualification for owning British Ships.
1Qualification for owning British ship.
Obligation to register British Ships.
2Obligation to register British ships.
3Exemptions from registry.
Procedure for Registration.
4Registrars of British ships.
5Register book.
6Survey and measurement of ship.
7Marking of ship.
8Application for registry.
9Declaration of ownership on registry.
10Evidence on first registry.
11Entry of particulars in register book.
12Documents to be retained by registrar.
13Port of registry.
Certificate of Registry.
14Certificate of registry.
15Custody of certificate.
16Penalty for use of improper certificate.
17Power to grant new certificate.
18Provision for loss of certificate.
19Endorsement of change of master on certificate.
20Endorsement of change of ownership on certificate.
21Delivery up of certificate of ship lost or ceasing to be British owned.
22Provisional certificate for ships becoming British-owned abroad.
23Temporary passes in lieu of certificates of registry.
Transfers and Transmissions.
24Transfer of ships or shares.
25Declaration of transfer.
26Registry of transfer.
27Transmission of property in ship on death, bankruptcy, marriage, &c.
28Order for sale on transmission to unqualified person.
29Transfer of ship or sale by order of court.
30Power of court to prohibit transfer.
Mortgages.
31Mortgage of ship or share.
32Entry of discharge of mortgage.
33Priority of mortgages.
34Mortgagee not treated as owner.
35Mortgagee to have power of sale.
36Mortgage not affected by bankruptcy.
37Transfer of mortgages.
38Transmission of interest in mortgage by death, bankruptcy, marriage, &c.
Certificates of Mortgage and Sale.
39Powers of mortgage and sale may be conferred by certificate.
40Requisites for certificates of mortgage and sale.
41Restrictions on certificates of mortgage and sale.
42Contents of certificates of mortgage and sale.
43Rules as to certificates of mortgage.
44Rules as to certificates of sale.
45Power of Commissioners of Customs in case of loss of certificate of mortgage or sale.
46Revocation of certificates of mortgage and sale.
Name of Ship.
47Rules as to name of ship.
Registry of Alterations, Registry anew, and Transfer of Registry.
48Registry of alterations.
49Regulations for registry of alteration.
50Provisional certificate and endorsement where ship is to be registered anew.
51Registry anew on change of ownership.
52Procedure for registry anew.
53Transfer of registry.
54Restrictions on re-registration of abandoned ships.
Incapacitated Persons.
55Provision for cases of infancy or other incapacity.
Trusts and Equitable Rights.
56Notice of trusts not received.
57Equities not excluded by Act.
Liability of Beneficial Owner.
58Liability of owners.
Managing Owner.
59Ship's managing owner or manager to be registered.
Declarations, Inspection of Register, and Fees.
60Power of registrar to dispense with declarations and other evidence.
61Mode of making declarations.
62Application of fees.
Returns, Evidence, and Forms.
63Returns to be made by registrars.
64Evidence of register book, certificate of registry, and other documents.
65Forms of documents, and instructions as to registry.
Forgery and false Declarations.
66Forgery of documents.
67False declarations.
National Character and Flag.
68National character of ship to be declared before clearance.
69Penalty for unduly assuming British character.
70Penalty for concealment of British or assumption of foreign character.
71Penalty for acquiring ownership if unqualified.
72Liabilities of ships not recognised as British.
73National colours for ships, and penalty on carrying improper colours.
74Penalty on ship not showing colours.
75Saving for Admiralty.
Forfeiture of Ship.
76Proceedings on forfeiture of ship.
Measurement of Ship and Tonnage.
77Rules for ascertaining register tonnage.
78Allowance for engine-room space in steamships.
79Deductions for ascertaining tonnage.
80Provisions as to deductions in case of certain steamships.
81Measurement of ships with double bottoms for water ballast.
82Tonnage once ascertained to be the tonnage of ship.
83Fees for measurement.
84Tonnage of ships of foreign countries adopting tonnage regulations.
85Space occupied by deck cargo to be liable to dues.
86Surveyors and regulations for measurement of ships.
87Levy of tonnage rates under Local Acts on the registered tonnage.
Ports of Registry in Place under Foreign Jurisdiction Act.
88Foreign ports of registry.
Registry in Colonies.
89Powers of governors in colonies.
90Terminable certificates of registry for small ships in colonies.
Application of Part I.
91Application of Part I.
PART IIMasters and Seamen.
Certificates of Competency.
92Certificates of competency to be held by officers of ships.
93Grades of certificates of competency.
94Examinations for certificates of competency.
95Examinations by Board of Trade in certain cases.
96Engineers certificates of competency.
97Fees on examination.
98Grant of certificates on passing examination.
99Certificates of service for naval officers.
100Form and record of certificate.
101Loss of certificate.
102Colonial certificates of competency.
103Production of certificates of competency to superintendent.
104Forgery, &c. of certificate of competency.
Apprenticeship to the Sea Service.
105Assistance given by superintendents as to apprenticeship.
106Apprenticeships of paupers in Great Britain and Ireland.
107Attestation of pauper apprenticeship.
108Special provisions as to apprenticeship to the sea service.
109Production of indentures to superintendent before voyage in foreign-going ship.
Licences to supply Seamen.
110Licence for supply of seamen.
111Penalty for engaging seamen without licence.
112Penalty for receiving remuneration from seamen for engagement.
Engagement of Seamen.
113Agreements with crew.
114Form, period, and conditions of agreements with crew.
115Special provisions as to agreements with crew of foreign-going ships.
116Special provisions as to agreements with crew of home trade ships.
117Changes in crew of foreign-going ship to be reported.
118Certificate as to agreements with crew of foreign-going ships.
119Certificate as to agreements with crew of home trade ships.
120Copy of agreement to be made accessible to crew.
121Forgery, &c. of agreements with crew.
122Alterations in agreements with crew.
123Seamen not to be bound to produce agreement.
124Engagement of seamen in colonial and foreign ports.
Agreements with Lascars.
125Agreements with lascars.
Rating of Seamen.
126Rating of seamen.
Discharge of Seamen.
127Discharge before superintendent.
128Certificate of discharge and return of certificate to officer on discharge.
129Reports of seaman's character.
130False or forged certificate of discharge or report of character.
Payment of Wages.
131Payment of wages before superintendent.
132Master to deliver account of wages.
133Deductions from wages of seamen.
134Time of payment of wages for foreign-going ships.
135Time of payment of wages for home trade ships.
136Settlement of wages.
137Decision of questions by superintendents.
138Power of superintendent to require production of ship's papers.
139Rule as to payment of British seamen in foreign money.
Advance and Allotment of Wages.
140Advance notes restricted.
141Regulations as to allotment notes.
142Allotments through savings banks.
143Right of suing on allotment notes.
144Time for payment of allotment note.
Seamen's Money Orders and Savings Banks.
145Remittance of seamen's wages, &c. by seamen's money orders.
146Power to pay when order is lost.
147Penalty for issuing money orders with fraudulent intent.
148Power for Board of Trade to establish savings banks.
149National Debt Commissioners to receive deposits, &c.
150Application of deposits of deceased depositor.
151Expenses of savings banks.
152Accounts and copy of regulations to be laid before Parliament.
153Public officers to be exempt from legal proceedings, except in case of wilful default.
154Forgery of documents, &c. for purpose of obtaining money in seamen's savings bank.
Rights of Seamen in respect of Wages.
155Right to wages, &c. when to begin.
156Right to recover wages, and salvage not to be forfeited.
157Wages not to depend on freight.
158Wages on termination of service by wreck or illness.
159Wages not to accrue during refusal to work or imprisonment.
160Forfeiture of wages, &c. of seaman when illness caused by his own default.
161Costs of procuring punishment may be deducted from wages.
162Compensation to seamen improperly discharged.
163Restriction on sale of, and charge upon, wages.
Mode of recovering Wages.
164Summary proceedings for wages.
165Restrictions on suits for wages.
166Wages not recoverable abroad in certain cases.
167Remedies of master for wages, disbursements, &c.
Power of Courts to rescind Contracts.
168Power of court to rescind contract between owner or master and seaman or apprentice.
Property of deceased Seamen.
169Property of seamen who die during voyage.
170Dealing with and account of property of seamen who die during voyage.
171Penalty for non-compliance with provisions as to property of deceased seamen.
172Property of deceased seamen left abroad but not on board ship.
173Dealing with property of deceased seamen by officers abroad.
174Recovery of wages, &c. of seamen lost with their ship.
175Property of seamen dying at home.
176Payment over of property of deceased seamen by Board of Trade.
177Dealing with deceased seaman's property when he leaves a will.
178Claims by creditors.
179Dealing with unclaimed property of deceased seaman.
180Forgery of documents, &c. for purpose of obtaining property of deceased seamen.
181Property of seamen discharged from Royal Navy.
Reimbursement of Relief to Seamen's Families.
182Relief to seamen's families to be chargeable on a certain proportion of their wages.
183Notice to owner, and enforcement of charge.
Destitute Seamen.
184Penalty on masters of ships leaving certain seamen in distress in the United Kingdom.
185Relief of destitute lascars.
Leaving Seamen Abroad.
186Discharge of seamen in foreign countries.
187Penalty for forcing seamen on shore or leaving them behind.
188Seamen not to be discharged or left abroad unless sanction or certificate obtained.
189Accounts and payment of wages in case of seamen left abroad.
Distressed Seamen.
190Regulations as to relief and maintenance of distressed seamen.
191Provisions for maintenance and relief of distressed seamen.
192Masters of ships compelled to take distressed seamen.
193Recovery of expenses of relief of distressed seamen.
194Payment of expenses out of Mercantile Marine Fund.
Volunteering into the Navy.
195Seamen allowed to leave their ships in order to enter the Navy.
196Money and effects of seamen volunteering into Navy.
197Wages of seamen received into Navy.
Provisions, Health, and Accommodation.
198Complaints as to provisions or water.
199Allowance for short or bad provisions.
200Regulations respecting medicines, anti-scorbutics, &c.
201Weights and measures on board.
202Inspection of medicines, medical stores, and anti-scorbutics.
203Medical inspection of seamen.
204Appointment of medical inspector.
205Appointment of medical inspector, and regulations as to supply of anti-scorbutics in colonies.
206Inspection of provisions and water for crew of certain ships.
207Expenses of medical attendance in case of illness.
208Recovery of expenses from owner.
209Certain ships to carry medical practitioners.
210Accommodation for seamen.
Facilities for making Complaint.
211Facilities for making complaint.
Protection of Seamen from Imposition.
212Assignment or sale of salvage invalid.
213No debt exceeding 5s. recoverable till end of voyage.
214Seamen's lodging-houses.
215Penalty for overcharges by lodging-house keepers.
216Penalty for detaining seamen's effects.
217Penalty for solicitations by lodging-house keepers.
218Penalty for being on board ship without permission before seamen leave.
219Application of provisions of previous section to foreign ships.
Provisions as to Discipline.
220Misconduct endangering life or ship.
221Desertion and absence without leave.
222Conveyance of deserter on board ship.
223Provisions as to arrest and imprisonment applying out of the United Kingdom.
224Power of court to order offender to be taken on board ship.
225General offences against discipline.
226Summary remedies not to affect other remedies.
227Penalty for false statement as to last ship or name.
228Entry of offences in official log.
229Entries and certificates of desertion abroad.
230Register of deserters.
231Facilities for proving desertion in proceedings for forfeiture of wages.
232Application of forfeitures.
233Decision of questions of forfeiture and deductions in suits for wages.
234Ascertainment of amount of forfeiture out of wages.
235Deduction from wages, and payments to superintendents, &c of fines.
236Penalty for enticing to desert and harbouring deserters.
237Penalty on stowaways, and discipline of stowaways and seamen carried under compulsion.
238Deserters from foreign ships.
Official Logs.
239Official logs to be kept and to be evidence.
240Entries required in official log-book.
241Offences in respect of official logs.
242Delivery of official logs to superintendent of mercantile marine office.
243Official logs to be gent home in case of transfer of ship, and in case of loss.
Local Marine Boards.
244Continuance and constitution of local marine board.
245Control of Board of Trade over local marine boards.
Mercantile Marine Offices.
246Establishment and control of mercantile marine offices.
247Business of mercantile marine office.
248Embezzlement by officers of local marine boards.
249Power to dispense with transaction of certain matters at mercantile marine offices.
250Prohibition on taking fees at mercantile marine office.
Registration of and Returns respecting Seamen.
251Establishment of register office.
252Register of seamen.
253Lists of the crew.
254Return of births and deaths in British ships.
255Return in case of transfer or loss of ship.
256Transmission of documents to registrar by superintendents and other officers.
257Deposit of documents at foreign ports and in colonies.
258Documents to be handed over to successor on change of master.
Sites for Sailors Homes.
259Corporations, &c. may grant sites for sailors homes.
Application of Part II.
260Application of Part II to ships registered in the United Kingdom.
261Application of Part II to ships registered elsewhere than in the United Kingdom.
262Partial application of Part II to ships of lighthouse authorities and pleasure yachts.
263Partial application of Part II to fishing boats.
264Application of Part II to colony by colonial legislatures.
265Conflict of laws.
266Unregistered ship deemed to be registered in United Kingdom for certain purposes.
PART IIIPASSENGER AND EMIGRANT SHIPS.
1DEFINITIONS.
Definition of Passenger Steamer and Passenger.
267Definition of " passenger " and " passenger steamer ".
Definition of Emigrant Ship, &c.
268" Emigrant ship " &c. to which Part applies.
269Scale for determining length of voyages.
270Definition of colonial voyage.
2PASSENGER STEAMERS.
Survey of Passenger Steamers.
271Annual survey of passenger steamers.
272Mode of survey and declaration of survey.
273Transmission of declaration.
274Issue of passenger steamer's certificate.
275Appeal to court of survey.
276Transmission of certificate.
277Fees for certificate.
278Duration of certificates.
279Cancellation of certificate.
280Delivery up of certificate.
281Posting up of certificate.
282Penalty for forgery of certificate or declaration.
283Penalty for carrying passengers in excess.
284Colonial certificates for passenger steamers.
General Equipment of Passenger Steamers.
285Equipment of passenger steamers with compasses, hose, deck shelters, and safety appliances.
286Prohibition of increasing weight on safety valve.
Keeping Order in Passenger Steamers.
287Offences in connexion with passenger steamers.
288Power to exclude drunken passengers on home trade passenger steamers.
3EMIGRANT SHIPS.
Survey of Emigrant Ships.
289Preliminary survey of emigrant ship.
Equipments.
290Equipment with compasses, chronometers, fire engine, anchors, &c.
Number of, and Accommodation for, Passengers.
291Regulations as to carrying of passengers generally.
292Limit of number of steerage passengers to be carried on emigrant ships.
293Regulations as to accommodation of steerage passengers.
294Stowage of goods.
Provisions, Water, and Medical Stores.
295Supply of provisions and water.
296Mode of carrying water.
297Provision for touching at intermediate ports to take in water.
298Issue of water or provisions during voyage.
299Power of Board of Trade to exempt ships.
300Medical stores.
Dangerous Goods, and Carriage of Cattle.
301Regulations as to carnage of dangerous goods, and of horses and cattle.
302Carriage of military stores.
Medical Officer, Staff, and Crew.
303Medical practitioners.
304Steerage passengers stewards, cooks, and interpreters.
305Crew of emigrant ship.
Medical Inspection.
306Medical inspection of steerage passengers and crew.
307Re-landing of persons for medical reasons.
308Return of passage money to persons re-landed for medical reasons.
Master's Bond.
309Bond to be given by master of emigrant ship.
310Evidence of bond.
Passengers Lists.
311Passengers lists.
312Lists of passengers embarked after clearance.
313Attempt to gain passage without payment.
Certificate for Clearance.
314Certificate for clearance.
315Facilities to be given for the inspection of ships.
316Ships putting back to replenish provisions, &c.
317Emigrant ships putting back to be reported to emigration officer.
318Appeal to Court of Survey.
319Forfeiture of ship proceeding to sea without certificate for clearance.
Passengers Contracts.
320Contract tickets for passengers.
321Summary remedy for breach of contract.
322Penalty for failure to produce contract ticket.
323Penalty for altering, or inducing anyone to part with, contract ticket.
Regulations as to Steerage Passengers.
324Sanitary and other regulations by Order in Council.
325Discipline on board.
326Sale of spirits prohibited on emigrant ships.
Maintenance after Arrival.
327Maintenance of steerage passengers after arrival.
Detention and Wrongful Landing of Passengers.
328Return of passage money and compensation to passengers when passage not provided according to contract.
329Subsistence in case of detention.
330Penalty for landing steerage passengers at wrong place.
Provisions in case of Wreck.
331Provisions in case of an emigrant ship being wrecked or damaged in or near British Islands.
332Expenses of rescue and conveyance of wrecked passengers.
333Forwarding of passengers by governors or consuls.
334Recovery of expenses incurred in conveying wrecked passengers and forwarding passengers.
335Validity of insurance of passage money.
Voyages to the United Kingdom.
336List of steerage passengers brought to the British Islands.
337Number of steerage passengers on ships bringing passengers to British Islands.
338Provisions and water in ships carrying steerage passengers to British Islands.
Registration of Births and Deaths.
339Application to foreign ships carrying passengers of provisions respecting registration of births and deaths.
Saving of Right of Action.
340Saving for right of action on contract for passage.
Passage Brokers.
341Passage broker.
342Passage brokers to enter into bond and obtain licence.
343Granting of licences to passage brokers.
344Forfeiture of licence.
345Passage brokers agents.
346List of agents and runners to be exhibited by brokers, and sent to emigration officers.
Emigrant Runners.
347Emigrant runner.
348Emigrant runner's licence.
349Renewal of badge.
350Penalties on persons acting without licence or badge, using badge not lawfully issued, or employing unlicensed person.
351Penalties on emigrant runners for certain acts of misconduct.
352Emigrant runners commission and fees.
Frauds in procuring Emigration.
353Frauds in procuring passages.
354Penalties for fraud in connexion with assisting emigration.
Emigration Officers.
355Emigration officers and assistants.
Legal Proceedings.
356Recovery of fines.
357Recovery of passage and subsistence money, compensation, and damages.
358Protection of persons executing Act.
Supplemental.
359Owner responsible for default in absence of agreement.
360Forms and fees.
361Posting of abstracts of Part III in emigrant ships.
362Byelaws by harbour authority.
363Exemption from survey of foreign passenger steamer or emigrant ship in certain cases.
Application of Part III as regards Emigrant Ships.
364Application to certain voyages.
365Limited application of Part III of Act to colonial voyages.
366Modification of provisions of Part III in their application to British possessions.
367Power of governors of colonies as to numbers of steerage passengers.
368Power for legislature of India to apply Part III.
PART IVFishing Boats.
Application of Part IV, &c.
369Application of Part IV.
370Definitions: " Fishing boat "; " Second hand "; " Voyage ".
371Ascertainment of tonnage of fishing boat.
372Extent of Part IV.
IPROVISIONS APPLYING TO ALL FISHING BOATS AND TO THE WHOLE FISHING SERVICE.
Fishing Boats Register.
373Registry of British fishing boat.
374Effect of registry of fishing boat.
375Rules as to boats and life-buoys of fishing boats.
Discipline.
376Offences by seamen and apprentices.
377Civil right unaffected by criminal provisions.
378Application of forfeitures.
379Deserters and others may be sent back to their boats.
380Apprehension of seamen guilty of certain offences.
381Dealing with seaman who refuses to proceed to sea, &c.
382Notice by seaman that he intends to absent himself.
383Calculation of wages.
384Facilities for proving desertion so far as concerns forfeiture of wages.
Provisions as to Deaths, Injuries, Ill-treatment, Punishments, and Casualties in Fishing Boats.
385Record and report of death, injury, ill-treatment, punishment, casualties, &c.
386Inquiry as to death, injury, ill-treatment, punishment, &c.
Settlement of Disputes.
387Decision of disputes by superintendent.
Provisions for ascertaining Profits of Fishing Boats.
388Accounts to be rendered by owners.
Agreements for Fishing Vessels in Scotland.
389Agreements for fishing vessels in Scotland.
Fees and Control of Superintendents.
390Fees payable on engagements and discharges.
391Control of Board of Trade.
IIPROVISIONS APPLYING TO ALL FISHING BOATS OF TWENTY-FIVE TONS TONNAGE AND UPWARDS.
Apprenticeship and Agreements with Boys.
392Restriction on apprenticeships and agreements in the case of young boys.
393Boys to be properly apprenticed or have proper agreements.
394Assistance by superintendents.
395Apprenticeships and agreements with boys to be made before superintendent.
396Enforcement by superintendents of indentures or agreements.
397Powers of superintendent under indenture or agreement.
398Prohibition on taking money for apprenticeships and boys agreements.
IIIPROVISIONS APPLYING TO TRAWLERS.
Engagement of Seamen.
399Agreements with crew.
400Form, period, and condition of agreement.
401Mode of entering into agreements.
402Agreements by owner or for service in two or more fishing boats.
403Fishing boats running agreements.
404Endorsement of engagements and discharge on running agreements.
405Report of crew.
406Statement of change of crew in case of running agreements.
407Alterations, &c. in agreements to be attested.
408Offences as to agreements with the crew.
Payment of Wages and Discharge of Seamen.
409Account of wages.
410Certificate of discharge.
411Compensation to seamen improperly discharged.
412Provision as to discharge, &c. to apply in the case of any sort of agreement.
Certificates of Skippers and Second Hands.
413Skippers and second hands to hold certificate of competency.
414Granting of certificate of competency.
415Certificate of service.
416Registers of certificated skippers and second hands.
Conveyance of Fish from Trawlers.
417Board of Trade regulations as to conveyance of fish from trawlers.
PART VSafety.
Prevention of Collisions.
418Collision regulations.
419Observance of collision regulations.
420Inspection as to lights and fog signals.
421Saving for local rules of navigation in harbours, &c.
422Duty of vessel to assist the other in case of collision.
423Collisions to be entered in official log.
424Application of collision regulations to foreign ships.
Report of Accidents and Loss of Ship.
425Report to Board of Trade of accidents to steamships.
426Notice of loss of British ship to be given to the Board of Trade.
Life-saving Appliances.
427Rules as to life-saving appliances.
428Duties of owners and masters as to carrying life-saving appliances.
429Appointment of consultative committee for framing rules.
430Penalty for breach of rules.
431Survey of ship with respect to life-saving appliances.
General Equipment.
432Adjustment of compasses and provision of hose.
433Placing undue weight on safety valve.
Signals of Distress.
434Signals of distress.
435Provision of signals of distress, inextinguishable lights, and life-buoys.
Draught of Water and Load-Line.
436Ship's draught of water to be recorded.
437Marking of deck-lines.
438Marking of load-line.
439Ships with submerged load-lines deemed unsafe.
440Time, &c. for marking of load-line in case of foreign-going vessels.
441Time, &c. for marking of load-line in case of coasting vessels.
442Penalty for offences in relation to marking of load-line.
443Regulations as to load-line.
444Provision as to colonial ships with respect to load-lines.
445Provision as to foreign ships with respect to load-lines.
Dangerous Goods.
446Restrictions on carnage of dangerous goods.
447Penalty for misdescription of dangerous goods.
448Power to deal with goods suspected of being dangerous.
449Forfeiture of dangerous goods improperly sent or carried.
450Saving for other enactments relating to dangerous goods.
Loading of Timber.
451Loading of timber.
Carriage of Grain.
452Obligation to take precautions to prevent grain cargo from shifting.
453Precautions against shitting of grain cargo laden in port in Mediterranean or Black Sea, or on coast of North America.
454Notice by master of kind and quantity of grain cargo.
455Power of Board of Trade for enforcing provisions as to carriage of grain.
456Definition of grain, &c.
Unseaworthy Ships.
457Sending unseaworthy ship to sea a misdemeanor.
458Obligation of shipowner to crew with respect to use of reasonable efforts to secure seaworthiness.
459Power to detain unsafe ships, and procedure for detention.
460Liability for costs and damages.
461Power to require from complainant security for costs.
462Application to foreign ships of provisions as to detention.
463Survey of ships alleged by seamen to be unseaworthy.
PART VISpecial Shipping Inquiries and Courts.
Inquiries and Investigations as to Shipping Casualties.
464Shipping casualties.
465Preliminary inquiry into shipping casualties.
466Formal investigation of shipping casualties.
467List of assessors.
468Inquiry in case of loss of life from fishing vessel's boat.
Power as to Certificates of Officers, &c.
469Power of Board of Trade as to certificate.
470Power of court of investigation or inquiry as to certificates.
471Inquiry into conduct of certificated officer.
472Removal of master by Admiralty Court.
473Delivery of certificate cancelled or suspended.
474Power of Board of Trade to restore certificate.
Re-hearing of Investigations and Inquiries.
475Re-hearing of inquiries and investigations.
Supplemental Provisions as to Investigations and Inquiries.
476Investigations before stipendiary magistrate.
477Power to appoint wreck commissioners.
478Authority for colonial court to make inquiries into shipping casualties and conduct of officers.
479Rules as to investigations and inquiries.
Naval Courts on the High Seas and Abroad.
480Cases in which naval courts may be summoned.
481Constitution of naval courts.
482Functions of naval courts.
483Powers of naval courts.
484Report of proceedings of naval courts.
485Penalty for preventing complaint or obstructing investigation.
486Application of provisions as to naval courts.
Courts of Survey.
487Constitution of court of survey.
488Power and procedure of court of survey.
489Rules for procedure of court of survey, &c.
Scientific Referees.
490Reference in difficult cases to scientific persons.
Payments to Officers of Courts.
491Payments to officers of courts.
PART VIIDelivery of Goods.
Delivery of Goods and Lien for Freight.
492Definitions under Part VII.
493Power of shipowner to enter and land goods on default by owner of goods.
494Lien for freight on landing goods.
495Discharge of lien.
496Provisions as to deposits by owners of goods.
497Sale of goods by warehouseman.
498Application of proceeds of sale.
499Warehouseman's rent and expenses.
500Warehousemen's protection.
501Saving for powers under local Acts.
PART VIIILiability of Shipowners.
502Limitation of shipowner's liability in certain cases of loss of, or damage to, goods.
503Limitation of owner's liability in certain cases of loss of life, injury, or damage.
504Power of courts to consolidate claims against owners, &c.
505Part owners to account in respect of damages.
506Insurances of certain risks not invalid.
507Proof of passengers on board ship.
508Liability in certain cases not affected.
509Extent of Part VIII.
PART IXWreck and Salvage.
Vessels in Distress.
510Definition of " wreck " and " salvage ".
511Duty of receiver where vessel in distress.
512Powers of the receiver in case of vessels in distress.
513Power to pass over adjoining lands.
514Power of receiver to suppress plunder and disorder by force.
515Liability for damage in case of a vessel plundered.
516Exercise of powers of receiver in his absence.
517Examination in respect of ships in distress.
Dealing with Wreck.
518Provision as to wreck found in the United Kingdom.
519Penalty for taking wreck at time of casualty.
520Notice of wreck to be given by receiver.
521Claim of owners to wreck.
522Immediate sale of wreck by receiver in certain cases.
Unclaimed Wreck.
523Right of Crown to unclaimed wreck.
524Notice of unclaimed wreck to be given to persons entitled.
525Disposal of unclaimed wreck.
526Disputed title to unclaimed wreck.
527Delivery of unclaimed wreck by receivers not to prejudice title.
528Power to Board of Trade to purchase rights to wreck.
529Admiral not to interfere with wreck.
Removal of Wrecks.
530Removal of wreck by harbour or conservancy authority.
531Power of lighthouse authority to remove wreck.
532Powers of removal to extend to tackle, cargo, &c.
533Power for Board of Trade to determine certain questions between authorities.
534Powers to be cumulative.
Offences in respect of Wreck.
535Taking wreck to foreign port.
536Interfering with wrecked vessel or wreck.
537Summary procedure for concealment of wreck.
Marine Store Dealers.
538Marine store dealer to have his name and trade painted on his shop.
539Marine store dealer to keep proper books.
540Marine store dealer not to purchase from person under sixteen.
541Marine store dealer not to cut up cable, &c.
542Permit to be advertised before dealer proceeds to act thereon.
Marking of Anchors.
543Marking of anchors.
Salvage.
544Salvage payable for saving life.
545Salvage of life from foreign vessels.
546Salvage of cargo or wreck.
Procedure in Salvage.
547Determination of salvage disputes.
548Determination of disputes as to salvage summarily.
549Appeal in case of salvage disputes.
550As to arbitrators in Ireland.
551Valuation of property by receiver.
552Detention of property liable for salvage by a receiver.
553Sale of detained property by receiver.
554Agreement as to salvage.
555Apportionment of salvage under 200l. by receiver.
556Apportionment of salvage by Admiralty courts.
Salvage by Her Majesty's Ships.
557Salvage by Her Majesty's ships.
558Salvage by Her Majesty's ships abroad.
559Provisions as to bond to be executed.
560Execution of bond.
561Enforcement of bond.
562Saving for other salvage rights.
563Exemption from stamp duty.
564Punishment for forgery and false representations.
Jurisdiction of High Court in Salvage.
565Jurisdiction of High Court in salvage.
Appointment of Receivers of Wreck.
566Appointment of receivers of wreck.
Fees of Receivers of Wreck.
567Receivers fees.
568Remuneration for services by coastguard.
Duties on Wreck.
569Provisions as to duties, &c. on wrecked goods.
Supplemental.
570Powers of sheriff in Scotland.
571Saving for Cinque ports.
PART XPilotage.
Preliminary.
572Application of Part X.
573Pilotage authority.
574Continuance of existing pilotage authorities.
Powers of Board of Trade as to Pilotage Districts and Authorities.
575Constitution of new pilotage authorities.
576Transfer of pilotage jurisdiction.
577Direct representation of pilots, &c. on pilotage authority.
578Exemption from compulsory pilotage.
579Power of Board of Trade to give facilities with respect to licences, rates, &c.
580Making and confirming provisional orders.
Byelaws by Pilotage Authorities.
581Power of pilotage authorities as to exemptions from compulsory pilotage.
582Power of pilotage authorities to make byelaws.
583Confirmation of byelaws.
584Appeal against byelaws or regulations not made under this Act.
Returns by Pilotage Authorities.
585Returns by pilotage authorities to Board of Trade.
Licensing of Pilots.
586Registration of pilot licences.
587Copies of pilotage provisions to be furnished to pilot.
588Licensed pilot to produce licence to employer.
589Production and return of licence to pilotage authority.
590Penalty on fraudulent use of licence.
Recovery of Pilotage Dues and other Rights of Pilots.
591Recovery of pilotage dues.
592Receiving or offering improper rates of pilotage.
593Pilotage rate for leading ships.
594Allowance to licensed pilot taken out of his district.
595Penalty on making a false declaration to pilot as to draught of ship.
596Occasions on which unqualified pilots may act.
597Power of qualified to supersede unqualified pilot.
598Penalties as to employment of unqualified pilot.
Pilotage Certificates for Masters and Mates.
599Grant of pilotage certificates to masters and mates.
600Appeal by master or mate to Board of Trade.
601Withdrawal of certificate.
602Fees for pilotage certificates.
Compulsory Pilotage.
603Compulsory pilotage.
604Home trade passenger ships to carry pilots.
605Exemption from compulsory pilotage.
Offences, and suspension and dismissal, of Pilots.
606Offences of pilots.
607Penalty on pilot endangering ship, life, or limb.
608Penalty on pilot obtaining charge of a ship by misrepresentation.
609Powers of pilotage committee to suspend or dismiss pilot.
610Appeals from suspension or dismissal.
Pilot Boats and Pilot Signals.
611Approval of pilot boats.
612Characteristics of pilot boats.
613Display of pilot flag, when pilot is on board vessel.
614Penalty on ordinary boat displaying pilot flag.
615Signals to be displayed by ships requiring a pilot.
Trinity House.
616Power of Trinity House to alter regulations.
Sub-Commissioners (Trinity House).
617Power of Trinity House to appoint sub-commissioners.
Licensing of Pilots by Trinity House.
618Licensing of pilots by Trinity House within certain limits.
619Regulations as to pilots licences.
620Pilot's liability limited.
621Power to revoke and suspend licences.
Compulsory Pilotage (Trinity House).
622Compulsory pilotage districts of Trinity House.
623Constant supply of pilots at Dungeness.
624Ships from London coining past Dungeness to take the first pilot.
625Exemption from compulsory pilotage.
Rates of Pilotage (Trinity House).
626Rates of pilotage.
627Pilotage dues for foreign ships for port of London.
628Receipt and application of pilotage dues payable by foreign ships.
629Settlement of difference as to draught of ship.
Pilot Fund (Trinity House).
630Payments to be made to the pilot fund.
631Application of fund.
632Appointment of sub-commissioners by Trinity Houses of Hull and Newcastle.
Saving for Liability of Owners and Masters.
633Limitation of liability of owner or masters where pilotage is compulsory.
PART XILighthouses.
General Management.
634Management of lighthouses, buoys, and beacons.
635Returns and information to Board of Trade.
636Power of Board of Trade to inspect on complaint made.
637Inspection by Trinity House.
Construction of Lighthouses, &c.
638General powers of lighthouse authorities.
639Powers as to land.
640Restrictions on exercise of lighthouse powers by Commissioners.
641Power of Trinity House to direct lighthouse works to be done.
642Additions to lighthouses.
Light Dues.
643Continuance of light dues.
644Dues for new lighthouses.
645Revision of light dues by Order in Council.
646Regulation of light dues by lighthouse authorities.
647Publication of light dues and regulations.
648Application and collection of light dues.
649Recovery of light dues.
650Distress on ship for light dues.
651Receipt for light dues.
Local Lighthouses.
652Inspection of local lighthouses.
653Control of local lighthouse authorities by general lighthouse authorities.
654Surrender of local lighthouses.
655Light dues for local lights.
656Application of local light dues.
657Reduction of local light dues.
Expenses of General Lighthouse Authorities.
658Payment of lighthouse expenses out of Mercantile Marine Fund.
659Establishments of general lighthouse authorities.
660Estimates or accounts of expenses sent to Board of Trade.
661Advances by Treasury for lighthouse expenses.
662Mortgage of Mercantile Marine Fund for lighthouse expenditure.
663Advances by Public Works Loan Commissioners.
664Accounts of general lighthouse authorities.
665Power to grant pensions.
Offences in connexion with Lighthouses, &c.
666Injury to lighthouses, &c.
667Prevention of false lights.
Commissioners of Northern Lighthouses.
668Incorporation of Commissioners of Northern Lights.
Provision as to Channel Islands.
669Restriction on exercise of powers in Channel Islands.
Lighthouses, &c. in Colonies.
670Dues for colonial lighthouses, &c.
671Collection and recovery of colonial light dues.
672Payment of colonial light dues to Paymaster-General.
673Application of colonial light dues.
674Advances for construction and repair of colonial lighthouses, &c.
675Accounts of colonial light dues.
PART XIIMercantile Marine Fund.
676Sums payable to the Mercantile Marine Fund.
677Application of Mercantile Marine Fund.
678Subsidy from Parliament to Mercantile Marine Fund.
679Accounts and audit.
PART XIIILegal Proceedings.
Prosecution of Offences.
680Prosecution of offences.
681Application of Summary Jurisdiction Acts in certain cases.
682Appeal on summary conviction.
683Limitation of time for summary proceedings.
Jurisdiction.
684Provision as to jurisdiction in case of offences.
685Jurisdiction over ships lying off the coasts.
686Jurisdiction in case of offences on board ship.
687Offences committed by British seamen at foreign ports to be within Admiralty jurisdiction.
Damage occasioned by Foreign Ship.
688Power to arrest foreign ship that has occasioned damage.
Provisions in case of Offences Abroad.
689Conveyance of offenders and witnesses to United Kingdom or British possession.
690Inquiry into cause of death on board ship.
691Depositions to be received in evidence when witness cannot be produced.
Detention of Ship and Distress on Ship.
692Enforcing detention of ship.
693Sums ordered to be paid leviable by distress on ship.
Evidence, Service of Documents, owl Declarations.
694Proof of attestation not required.
695Admissibility of documents in evidence.
696Service of documents.
697Proof, &c. of exemption.
698Declarations.
Application of Penalties and Costs of Prosecutions.
699Application of penalties.
700Expenses of prosecution of misdemeanor.
701Payment of costs of prosecution of offences committed in Admiralty jurisdiction.
Procedure in Scotland.
702Offences punishable as misdemeanors.
703Summary proceedings.
704Form of complaint.
705Warrants on summary proceedings.
706Backing arrestments.
707Form of decree for payment of money.
708Sentence and penalties in default of defender's appearance.
709Orders not to be quashed for want of form and to be final.
710General rules, so far as applicable, to extend to penalties and proceedings in Scotland.
Prosecution of Offences in Colonies.
711Prosecution of offences in British possession.
Application of Part XIII.
712Application of Part XIII.
PART XIVSupplemental.
General Control of Board of Trade.
713Superintendence of merchant shipping by Board of Trade.
714Returns as to merchant shipping to Board of Trade.
715Production of log-books, &c. by superintendents.
716Application of fees, fines, &c.
717Legal proceedings.
Expenses of Commissioners of Customs.
718Expenses incurred by Commissioners of Customs.
Documents and Forms.
719Proof of documents.
720Power of Board of Trade to prescribe forms.
721Exemption from stamp duty.
722Offences as to use of forms.
Powers for enforcing Compliance with Act.
723Powers for seeing that Act is complied with.
Surveyors of Ships.
724Appointment of surveyors.
725Power of surveyor for purpose of survey of ships.
726Returns by surveyors to Board of Trade.
727Appointment of surveyors in colonies.
Board of Trade Inspectors.
728Appointment of inspectors to report on accidents, &c.
729Powers of inspectors.
730Penalty for obstructing inspectors in the execution of their duty.
Exemption from Rates and Harbour Dues.
731Exemption from rates.
732Exemption from harbour dues.
Private Signals.
733Registration of private code of signals.
Application of Act to Foreign Ships by Order in Council.
734Application by Order in Council of provisions of Merchant Shipping Acts to foreign ships.
Powers of Colonial Legislature.
735Power of colonial legislatures to alter provisions of Act.
736Regulation of coasting trade by colonial legislature.
Provision for Foreign Places where Her Majesty has Jurisdiction.
737Provision for foreign places where her Majesty has jurisdiction.
Orders in Council.
738Provision as to Orders in Council.
Transmission and Publication of Documents.
739Notices, &c. to be in writing and provision as to sending by post.
740Publication in London Gazette.
Exemption of Her Majesty's Ships.
741Exemption of Her Majesty's ships.
Definitions and Provisions as to Application of Act.
742Definitions.
743Application of Act to ships propelled by electricity, &c.
744Application of Act to certain fishing vessels.
Repeal and Savings.
745Repeal.
746Savings.
Short Title and Commencement.
747Short title.
748Commencement.
SCHEDULES.
FIRST SCHEDULE
PART I
PART II
Documents of which the forms are to be prescribed by the Commissioners of Customs and sanctioned by the Board of Trade.
SECOND SCHEDULE
Measurement of Tonnage.
Rule I.
(1.)Measurement of ships to be registered and other ships of which the hold is clear. Lengths.
(2.)Transverse areas.
(3.)Computation from areas.
(4.)In case of decks above the tonnage deck.
(5.)Poop, deck house, forecastle, and any other closed-in space.
Rule II.
(1.)Measurement of ships not requiring registry with cargo on board and ships which cannot be measured under Rule I. Length. Breadth. Girting of the ship.
(2.)Poop, deck house, forecastle, and other closed-in spaces on upper deck.
Rule III.
(i.)Measurement of allowance for engine room space in steamships.
(ii.)If in any ship in which the space for propelling...
(iii.)In the case of screw steamers in which the space...
(iv.)If in any ship in which the space aforesaid is...
Rule IV.
IVMeasurement of open ships.
THIRD SCHEDULETABLE OF MAXIMUM FEES TO BE PAID FOR THE MEASUREMENT OF MERCHANT SHIPS.
FOURTH SCHEDULETABLE OF MAXIMUM FEES TO BE PAID BY APPLICANTS FOR EXAMINATION.
FIFTH SCHEDULEREGULATIONS TO BE OBSERVED WITH RESPECT TO ANTISCORBUTICS.
Furnishing of Anti-Scorbutics.
1The anti-scorbutics to be furnished shall be lime or lemon...
2, No lime or lemon juice shall be deemed fit...
3Lime or lemon juice shall not be so obtained or...
4If the lime or lemon juice is deposited in a...
5The lime or lemon juice with which a ship is...
Serving out of Anti-Scorbutics.
6The lime or lemon juice shall be served outwith sugar...
7The anti-scorbutics shall be served out to the crew so...
8The lime or lemon juice and sugar shall be served...
9The other anti-scorbutics, if any, provided in pursuance of an...
SIXTH SCHEDULEREGULATIONS TO BE OBSERVED WITH RESPECT TO ACCOMMODATION ON BOARD SHIPS.
1Every place in a ship occupied by seamen or apprentices,...
2A place so occupied and appropriated as aforesaid shall not...
3Every place so occupied and appropriated as aforesaid shall, whenever...
4No deduction from tonnage as aforesaid shall be authorised unless...
5Upon any complaint concerning any place so occupied and appropriated...
Maximum Fees for Inspection.
6The fee far each visit to the ship shall not...
7The aggregate amount of the fees for any such inspection...
8When the accommodation is inspected at the same time with...
SEVENTH SCHEDULECONSTITUTION OF LOCAL MARINE BOARDS.
Elections.
1Constitution of local marine board.
2The election shall be held on the twenty-fifth day of...
3Upon the conclusion of that month and the constitution of...
4A casual vacancy happening in the intervals between the general...
5The mayor or provost shall fix the place and mode...
6The Board of Trade may decide any question raised concerning...
Registry and Votes of Electors.
7Owners of foreign-going ships and of home trade passenger ships...
8The qualification of electors shall be ascertained as follows :—...
9The chief officer of customs in the port shall, with...
10The mayor or provost of the port, or such of...
11The revisors shall, between the eighth and fifteenth days of...
12The revisors shall give three clear days notice of the...
13The revisors shall make the revision by inserting in the...
14The decision of the revisors with respect to every such...
15The revisors shall, immediately after the revision, sign their names...
16The list so revised shall be the register of voters...
17The revised list, when so signed, shall be delivered to...
18The chief officer shall, if required, for the assistance of...
19The revisors shall certify the expanses properly incurred by the...
20Every person whose name appears on the revised list and...
Qualification of Members.
21Every male person who is, according to the revised list,...
Application to Corporations.
22A corporation owning a ship shall be entitled to he...
EIGHTH SCHEDULE
Particulars to be registered by Master of a Ship concerning a Birth at Sea.
Particulars to be registered by Master of a Ship concerning a Death at Sea.
NINTH SCHEDULE
PART I
Maximum Fees to be paid for Passenger Steamer's Certificate.
PART II
Maximum Fees for Survey of Emigrant Ships.
TENTH SCHEDULE
Regulations as to number of Persons carried on Emigrant Ships.
1An emigrant ship shall not carry under the poop or...
2An emigrant ship shall not carry on the lower passenger...
3Provided, that if the height between the lower passenger deck...
4An emigrant ship, whatever be her superficial space of decks,...
5In the measurement of the passenger decks, poop, round house...
ELEVENTH SCHEDULEREGULATIONS AS TO THE ACCOMMODATION FOR STEERAGE PASSENGERS.
Construction of Passenger Decks.
1The beams supporting the passenger decks shall form part of...
2The passenger decks shall be at least, one inch and...
3The height between that part of any deck on which...
Berths.
4There shall not be more than two tiers of berths...
5The berths shall be securely constructed and of dimensions not...
6No part of any berth shall be placed within nine...
7All male steerage passengers of the age of fourteen years...
8Not more than one steerage passenger, except in the case...
9Berths occupied by steerage passengers during the voyage shall not...
Hospitals.
10Sufficient space shall be set apart in every emigrant ship...
11The space set apart for a hospital shall be under...
12The space so set apart shall contain not less than...
Privies.
13Every emigrant ship shall be provided to the satisfaction of...
14All such privies and waterclosets shall be firmly constructed and...
15The master of the ship shall alone be liable to...
Light and Ventilation.
16Every emigrant ship shall be supplied with such provision for...
17The steerage passengers shall have the free and unimpeded use...
TWELFTH SCHEDULEWATER AND PROVISIONS.
Water.
Provisions.
Substitutions.
Regulations as to Lime Juice.
Lime Juice.
Regulations as to Messes and Issue of Provisions.
1Steerage passengers may be divided into messes, but a mess...
2Members of the same family, whereof one at least is...
3Water and provisions according to the above scales shall be...
4The first of the issues shall be made before two...
5Such provisions as require to be cooked shall be issued...
THIRTEENTH SCHEDULE
Conditions for Carriage of Horses and Cattle in Emigrant Ships.
1The animals shall not be carried below any deck on...
2Clear space on the spar or weather deck shall be...
3No greater number of steerage passengers shall be carried than...
4In emigrant ships of less than five hundred tons registered...
5Proper arrangements shall be made, to the satisfaction of the...
6Not more than six dogs, and no pigs or male...
FOURTEENTH SCHEDULEFORMS UNDER PART III. (PASSENGER AND EMIGRANT SHIPS).
FIFTEENTH SCHEDULENUMBER and DIMENSIONS of BOATS for FISHING BOATS entered in the FISHING BOAT REGISTER.
SIXTEENTH SCHEDULE
Maximum Fees for Inspection of Lights and Fog Signals.
SEVENTEENTH SCHEDULELIFE SAVING APPLIANCES.
Constitution of the Committee.
1Three shipowners selected by the Council of the Chamber of...
2One shipowner selected by the Shipowners Associations of Glasgow and...
3Two shipbuilders selected by the Council of the Institution of...
4Three persons practically acquainted with the navigation of vessels selected...
5Three persons being or having been able-bodied seamen selected by...
6Two persons selected conjointly by the Committee of Lloyd's, the...
EIGHTEENTH SCHEDULE
Precautions as to Grain Cargo.
1There shall not be carried between the decks, or, if...
2Where grain (except such as maybe carried in properly constructed...
3Where grain is carried in the hold or between the...
4In loading the grain shall be properly stowed, trimmed, and...
NINETEENTH SCHEDULE
PART IStatements in the Case of Salvage by Her Majesty's Ships.
1Particulars to be stated both by the salvor and by...
2Additional particulars to be stated by the salvor:—
3Additional particulars to be stated by the said master or...
PART IISalvage Bond.
TWENTIETH SCHEDULEMAXIMUM FEES AND REMUNERATION OF RECEIVERS.
TWENTY-FIRST SCHEDULEMAXIMUM RATES of PILOTAGE to be DEMANDED and RECEIVED by qualified PILOTS for piloting Snips within the under-mentioned Limits.
TWENTY-SECOND SCHEDULEREPEAL.

Merchant Shipping Act 1894

1894 Chapter 60

An Act to consolidate Enactments relating to Merchant Shipping.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the- same, as follows: