Merchant Shipping Act 1894
53 & 54 Vict. c. 27.
52 & 53 Vict. c. 10.
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 places 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 the same meaning as in the Colonial Courts of Admiralty Act, 1890;
“A Commissioner for Oaths ” means a commissioner for oaths within the meaning of the Commissioners for Oaths Act, 1889;
“ Chief Officer of Customs ” includes the collector, superintendent, principal coast officer, or other chief officer of customs at each port;
“ Superintendent ” shall, so far as respects a British possession, include any shipping master or other officer discharging in that possession the duties of a superintendent;
“ Consular officer,” when used in relation to a foreign country, means the officer recognised by Her Majesty as a consular officer of that foreign country;
“ Bankruptcy ” includes insolvency;
“ Representation ” means probate, administration, confirmation, or other instrument constituting a person the executor, administrator, or other representative of a deceased person;
“ Legal personal representative ” means the person so constituted 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 ta a lighthouse 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 incorporated 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 same;
“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.
Modifications (not altering text):
Definitions of foreign-going ship, home trade ship constured (27.07.1983) by Merchant Shipping Act 1894 (Adaptation) Order 1983 (S.I. No. 223 of 1983), art. 3.
3. Section 742 of the Merchant Shipping Act, 1894, shall be construed and have effect as if—
(a) the following definition were substituted for the definition of "foreign-going ship":
'foreign-going', in relation to any ship, means employed in trading or going between some place or places in the State, Great Britain or Northern Ireland, and some place or places situated beyond the following limits, that is to say the coasts of the State, Great Britain, Northern Ireland, the Channel Islands and the Isle of Man and Continental Europe between the north bank of the River Eider and Brest, inclusive;
(b) the following definition were substituted for the definition of "home trade ship":
'home trade', in relation to any ship, means employed in trading or going within the following limits, that is to say the State, Great Britain, Northern Ireland, the Channel Islands, the Isle of Man and Continental Europe between the north bank of the River Eider and Brest inclusive, and 'home trade limits' shall be construed accordingly.
Application of section extended (1.01.1922) by Merchant Shipping Act 1921 (11 & 12 Geo. 5) c. 28, s. 1(1), commenced as per s. 4(2).
Application of Parts I. and VIII. of the Merchant Shipping Act, 1894, to lighters, &c. 57 & 58 Vict. c. 60
1.—(1) Notwithstanding anything in section seven hundred and forty-two of the Merchant Shipping Act, 1894 (hereinafter referred to as “the principal Act”), the principal Act shall have effect as though in the provisions of Parts I. and VIII. thereof (which relate respectively to the registry of ships and to the limitation of the liability of the owners of ships), as amended or extended by any subsequent enactment, the expression “ship” included every description of lighter, barge, or like vessel used in navigation in Great Britain, however propelled:
Provided that a lighter, barge, or like vessel used exclusively in non-tidal waters, other than harbours, shall not, for the purposes of this Act, be deemed to be used in navigation.