Merchant Shipping Act 1894

1894 (57 & 58 Vict.) c. 60

MERCHANT SHIPPING ACT 1894

REVISED

Updated to 30 April 2021

This Revised Act is an administrative consolidation of the Merchant Shipping Act 1894. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Children (Amendment) Act 2021 (6/2021), enacted 26 April 2021, and all statutory instruments up to and including the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (Amendment) (No. 3) Regulations 2021 (S.I. No. 212 of 2021), made 30 April 2021, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

1894 (57 & 58 Vict.) c. 60

MERCHANT SHIPPING ACT 1894

REVISED

Updated to 30 April 2021

CONTENTS

PART I

Registry

Qualification for owning British Ships

1. Qualification for owning British ship (Repealed)

Obligation to register British Ships

2. Obligation to register British ships (Repealed)

3. Exemptions from registry (Repealed)

Procedure for Registration

4. Registrars of British ships (Repealed)

5. Register book (Repealed)

6. Survey and measurement of ship (Repealed)

7. Marking of ship (Repealed)

8. Application for registry (Repealed)

9. Declaration of ownership on registry (Repealed)

10. Evidence on first registry (Repealed)

11. Entry of particulars in register book (Repealed)

12. Documents to be retained by registrar (Repealed)

13. Port of registry (Repealed)

Certificate of Registry

14. Certificate of registry (Repealed)

15. Custody of certificate (Repealed)

16. Penalty for use of improper certificate (Repealed)

17. Power to grant new certificate (Repealed)

18. Provision for loss of certificate (Repealed)

19. Endorsement of change of master on certificate (Repealed)

20. Endorsement of change of ownership on certificate (Repealed)

21. Delivery up of certificate of ship lost or ceasing to be British owned (Repealed)

22. Provisional certificate for ships becoming British-owned abroad (Repealed)

23. Temporary passes in lieu of certificates of registry (Repealed)

Transfers and Transmissions

24. Transfer of ships or shares 30.Power of court to prohibit transfer (Repealed)

25. Declaration of transfer (Repealed)

26. Registry of transfer (Repealed)

27. Transmission of property in ship on death, bankruptcy, marriage, &c (Repealed)

28. Order for sale on transmission to unqualified person (Repealed)

29. Transfer of ship or sale by order of court (Repealed)

30. Power of court to prohibit transfer (Repealed)

Mortgages

31. Mortgage of ship or share (Repealed)

32. Entry of discharge of mortgage (Repealed)

33. Priority of mortgages (Repealed)

34. Mortgagee not treated as owner (Repealed)

35. Mortgagee to have power of sale (Repealed)

36. Mortgage not affected by bankruptcy (Repealed)

37. Transfer of mortgages (Repealed)

38. Transmission of interest in mortgage by death, bankruptcy, marriage, &c (Repealed)

Certificates of Mortgage and Sale

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

40. Requisites for certificates of mortgage and sale (Repealed)

41. Restrictions on certificates of mortgage and sale (Repealed)

42. Contents of certificates of mortgage and sale (Repealed)

43. Rules as to certificates of mortgage (Repealed)

44. Rules as to certificates of sale (Repealed)

45. Power of Commissioners of Customs in case of loss of certificate of mortgage or sale (Repealed)

46. Revocation of certificates of mortgage and sale (Repealed)

Name of Ship

47. Rules as to name of ship (Repealed)

Registry of Alterations, Registry anew, and Transfer of Registry

48. Registry of alterations (Repealed)

49. Regulations for registry of alteration (Repealed)

50. Provisional certificate and endorsement where ship is to be registered anew (Repealed)

51. Registry anew on change of ownership (Repealed)

52. Procedure for registry anew (Repealed)

53. Transfer of registry (Repealed)

54. Restrictions on re-registration of abandoned ships (Repealed)

Incapacitated Persons

55. Provision for cases of infancy or other incapacity (Repealed)

Trusts and Equitable Rights

56. Notice of trusts not received (Repealed)

57. Equities not excluded by Act (Repealed)

Liability of Beneficial Owner

58. Liability of owners (Repealed)

Managing Owner

59. Ship's managing owner or manager to be registered (Repealed)

Declarations, Inspection of Register, and Fees

60. Power of registrar to dispense with declarations and other evidence (Repealed)

61. Mode of making declarations (Repealed)

62. Application of fees (Repealed)

Returns, Evidence, and Forms

63. Returns to be made by registrars (Repealed)

64. Evidence of register book, certificate of registry, and other documents (Repealed)

65. Forms of documents, and instructions as to registry (Repealed)

Forgery and false Declarations

66. Forgery of documents (Repealed)

67. False declarations (Repealed)

National Character and Flag

68. National character of ship to be declared before clearance (Repealed)

69. Penalty for unduly assuming British character (Repealed)

70. Penalty for concealment of British or assumption of foreign character (Repealed)

71. Penalty for acquiring ownership if unqualified (Repealed)

72. Liabilities of ships not recognised as British (Repealed)

73. National colours for ships, and penalty on carrying improper colours (Repealed)

74. Penalty on ship not showing colours (Repealed)

75. Saving for Admiralty (Repealed)

Forfeiture of Ship

76. Proceedings on forfeiture of ship (Repealed)

Measurement of Ship and Tonnage

77. Rules for ascertaining register tonnage (Repealed)

78. Allowance for engine-room space in steamships (Repealed)

79. Deductions for ascertaining tonnage (Repealed)

80. Provisions as to deductions in case of certain steamships (Repealed)

81. Measurement of ships with double bottoms for water ballast (Repealed)

82. Tonnage once ascertained to be the tonnage of ship (Repealed)

83. Fees for measurement (Repealed)

84. Tonnage of ships of foreign countries adopting tonnage regulations (Repealed)

85. Space occupied by deck cargo to be liable to dues (Repealed)

86. Surveyors and regulations for measurement of ships (Repealed)

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 (Repealed)

Registry in Colonies

89. Powers of governors in colonies (Repealed)

90. Terminable certificates of registry for small ships in colonies (Repealed)

Application of Part I

91. Application of Part I (Repealed)

PART II

Masters and Seamen

Certificates of Competency

92. Certificates of competency to be held by officers of ships (Repealed)

93. Grades of certificates of competency

94. Examinations for certificates of competency (Repealed)

95. Examinations by Board of Trade in certain cases (Repealed)

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

Apprenticeship to the Sea Service

105. Assistance given by superintendents as to apprenticeship

106. Apprenticeships of paupers in Great Britain and Ireland

107. Attestation of pauper apprenticeship

108. Special provisions as to apprenticeship 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 engagement

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

120. 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

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 (Repealed)

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 Parliament

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 not to depend on freight

158. Wages on termination of service by wreck or illness

159. Wages not to accrue during refusal to work or imprisonment

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 165.166. 167.

165. Restrictions on suits for wages

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. Forgery of documents, &c. for purpose of obtaining property of deceased seamen

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 (Repealed)

187. Penalty for forcing seamen on shore or leaving them behind (Repealed)

188. Seamen not to be discharged or left abroad unless sanction or certificate obtained (Repealed)

189. Accounts and payment of wages in case of seamen left abroad (Repealed)

Distressed Seamen

190. Regulations as to relief and maintenance of distressed seamen (Repealed)

191. Provisions for maintenance and relief of distressed seamen (Repealed)

192. Masters of ships compelled to take distressed seamen (Repealed)

193. Recovery of expenses of relief of distressed seamen (Repealed)

194. Payment of expenses out of Mercantile Marine Fund (Repealed)

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 (Repealed)

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 inspector

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 (Repealed)

208. Recovery of expenses from owner (Repealed)

209. Certain ships to carry medical practitioners

210. Accommodation for seamen

Facilities for making Complaint

211. Facilities for making Complaint

Protection of Seamen from Imposition

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 before seamen leave

219. Application of provisions of previous section to foreign ships

Provisions as to Discipline

220. Misconduct endangering life or ship (Repealed)

221. Desertion and absence without leave

222. Conveyance of deserter on board ship (Repealed)

223. Provisions as to arrest and imprisonment applying out of the United Kingdom

224. Power of court to order offender to be taken on board ship (Repealed)

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 (Repealed)

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 (Repealed)

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 gent 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 mercantile 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 (Repealed)

252. Register of seamen (Repealed)

253. Lists of the crew

254. Return of births and deaths in British ships (Repealed)

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 authorities 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

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 (Repealed)

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 (Repealed)

300. Medical stores

Dangerous Goods, and Carriage of Cattle

301. Regulations as to carnage of dangerous goods, 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 reasons

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 Lists

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, contract 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

Maintenance after Arrival

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 passengers 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

344. Forfeiture of licence

345. Passage brokers agents

346. List of agents and runners to be exhibited by brokers, and sent to emigration officers

List of agents and runners to be exhibited by brokers, and sent to emigration officers

347. Emigrant runner

348. Emigrant runner's licence

349. Renewal of badge

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 misconduct

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 Officers

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, &c

370. Definitions: "Fishing boat"; "Second hand"; "Voyage"

371. Ascertainment of tonnage of fishing boat (Repealed)

372. Extent of Part IV (Repealed)

Fishing Boats Register

373. Registry of British fishing boat (Repealed)

374. Effect of registry of fishing boat (Repealed)

375. Rules as to boats and life-buoys of fishing boats (Repealed)

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, punishment, 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 (Repealed)

Fees and Control of Superintendents

390. Fees payable on engagements and discharges

391. Control of Board of Trade

Apprenticeship and Agreements with Boys

392. Restriction on apprenticeships and agreements in the case of young boys

393. Boys to be properly apprenticed or have proper agreements

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

Engagement of Seamen

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. Certificate 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

PART V

Safety

Prevention of Collisions

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 (Repealed)

426. Notice of loss of British ship to be given to the Board of Trade (Repealed)

Life-saving Appliances

427. Rules as to life-saving appliances (Repealed)

428. Duties of owners and masters as to carrying life-saving appliances (Repealed)

429. Appointment of consultative committee for framing rules (Repealed)

430. Penalty for breach of rules (Repealed)

431. Survey of ship with respect to life-saving appliances (Repealed)

General Equipment

432. Adjustment of compasses and provision of hose

433. Placing undue weight on safety valve

Signals of Distress

434. Signals of distress (Repealed)

435. Provision of signals of distress, inextinguishable lights, and life-buoys (Repealed)

Provision of signals of distress, inextinguishable lights, and life-buoys

436. Ship's draught of water to be recorded

437. Marking of deck-lines (Repealed)

438. Marking of load-line (Repealed)

439. Ships with submerged load-lines deemed unsafe (Repealed)

440. Time, &c. for marking of load-line in case of foreign-going vessels (Repealed)

441. Time, &c. for marking of load-line in case of coasting vessels (Repealed)

442. Penalty for offences in relation to marking of load-line (Repealed)

443. Regulations as to load-line (Repealed)

444. Provision as to colonial ships with respect to load-lines (Repealed)

445. Provision as to foreign ships with respect to load-lines (Repealed)

Dangerous Goods

446. Restrictions on carnage 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 (Repealed)

Carriage of Grain

452. Obligation to take precautions to prevent grain cargo from shifting (Repealed)

453. Precautions against shitting of grain cargo laden in port in Mediterranean or Black Sea, or on coast of North America  (Repealed)

454. Notice by master of kind and quantity of grain cargo (Repealed)

455. Power of Board of Trade for enforcing provisions as to carriage of grain (Repealed)

456. Definition of grain, &c (Repealed)

Unseaworthy Ships

457. Sending unseaworthy ship to sea a misdemeanor (Repealed)

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 (Repealed)

465. Preliminary inquiry into shipping casualties (Repealed)

466. Formal investigation of shipping casualties (Repealed)

467. List of assessors

468. Inquiry in case of loss of life from fishing vessel's boat (Repealed)

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

471. Inquiry into conduct of certificated officer (Repealed)

472. Removal of master by Admiralty Court

473. Delivery of certificate cancelled or suspended (Repealed)

474. Power of Board of Trade to restore certificate (Repealed)

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 officers of courts

PART VII

Delivery of Goods

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

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 (Repealed)

503. Limitation of owner's liability in certain cases of loss of life, injury, or damage (Repealed)

504. Power of courts to consolidate claims against owners, &c (Repealed)

505. Part owners to account in respect of damages (Repealed)

506. Insurances of certain risks not invalid (Repealed)

507. Proof of passengers on board ship (Repealed)

508. Liability in certain cases not affected (Repealed)

509. Extent of Part VIII (Repealed)

PART IX

Wreck and Salvage

Vessels in Distress

510. Definition of "wreck" and "salvage" (Repealed)

511. Duty of receiver where vessel in distress (Repealed)

512. Powers of the receiver in case of vessels in distress (Repealed)

513. Power to pass over adjoining lands (Repealed)

514. Power of receiver to suppress plunder and disorder by force (Repealed)

515. Liability for damage in case of a vessel plundered (Repealed)

516. Exercise of powers of receiver in his absence (Repealed)

517. Examination in respect of ships in distress (Repealed)

Dealing with Wreck

518. Provision as to wreck found in the United Kingdom (Repealed)

519. Penalty for taking wreck at time of casualty (Repealed)

520. Notice of wreck to be given by receiver (Repealed)

521. Claim of owners to wreck (Repealed)

522. Immediate sale of wreck by receiver in certain cases (Repealed)

Unclaimed Wreck

523. Right of Crown to unclaimed wreck (Repealed)

524. Notice of unclaimed wreck to be given to persons entitled (Repealed)

525. Disposal of unclaimed wreck (Repealed)

526. Disputed title to unclaimed wreck (Repealed)

527. Delivery of unclaimed wreck by receivers not to prejudice title (Repealed)

528. Power to Board of Trade to purchase rights to wreck (Repealed)

529. Admiral not to interfere with wreck (Repealed)

Removal of Wrecks

530. Removal of wreck by harbour or conservancy authority (Repealed)

531. Power of lighthouse authority to remove wreck (Repealed)

532. Powers of removal to extend to tackle, cargo, &c (Repealed)

533. Power for Board of Trade to determine certain questions between authorities (Repealed)

534. Powers to be cumulative (Repealed)

Offences in respect of Wreck

535. Taking wreck to foreign port (Repealed)

536. Interfering with wrecked vessel or wreck (Repealed)

537. Summary procedure for concealment of wreck (Repealed)

Marine Store Dealers

538. Marine store dealer to have his name and trade painted on his shop (Repealed)

539. Marine store dealer to keep proper books (Repealed)

540. Marine store dealer not to purchase from person under sixteen (Repealed)

541. Marine store dealer not to cut up cable, &c (Repealed)

542. Permit to be advertised before dealer proceeds to act thereon (Repealed)

Marking of Anchors

543. Marking of anchors (Repealed)

Salvage

544. Salvage payable for saving life (Repealed)

545. Salvage of life from foreign vessels (Repealed)

546. Salvage of cargo or wreck (Repealed)

Procedure in Salvage

547. Determination of salvage disputes (Repealed)

548. Determination of disputes as to salvage summarily (Repealed)

549. Appeal in case of salvage disputes (Repealed)

550. As to arbitrators in Ireland (Repealed)

551. Valuation of property by receiver (Repealed)

552. Detention of property liable for salvage by a receiver (Repealed)

553. Sale of detained property by receiver (Repealed)

554. Agreement as to salvage (Repealed)

555. Apportionment of salvage under 200l. by receiver (Repealed)

556. Apportionment of salvage by Admiralty courts (Repealed)

Salvage by Her Majesty's Ships

557. Salvage by Her Majesty's ships (Repealed)

558. Salvage by Her Majesty's ships abroad (Repealed)

559. Provisions as to bond to be executed (Repealed)

560. Execution of bond (Repealed)

561. Enforcement of bond (Repealed)

562. Saving for other salvage rights (Repealed)

563. Exemption from stamp duty (Repealed)

564. Punishment for forgery and false representations (Repealed)

Jurisdiction of High Court in Salvage

565. Jurisdiction of High Court in salvage (Repealed)

Appointment of Receivers of Wreck

566. Appointment of receivers of wreck (Repealed)

Fees of Receivers of Wreck

567. Receivers fees (Repealed)

568. Remuneration for services by coastguard (Repealed)

Duties on Wreck

569. Provisions as to duties, &c. on wrecked goods (Repealed)

Supplemental

570. Powers of sheriff in Scotland (Repealed)

571. Saving for Cinque ports (Repealed)

PART X

Pilotage

Preliminary

572. Application of Part X (Repealed)

573. Pilotage authority (Repealed)

574. Continuance of existing pilotage authorities (Repealed)

Powers of Board of Trade as to Pilotage Districts and Authorities

575. Constitution of new pilotage authorities (Repealed)

576. Transfer of pilotage jurisdiction (Repealed)

577. Direct representation of pilots, &c. on pilotage authority (Repealed)

578. Exemption from compulsory pilotage (Repealed)

579. Power of Board of Trade to give facilities with respect to licences, rates, &c (Repealed)

580. Making and confirming provisional orders (Repealed)

Byelaws by Pilotage Authorities

581. Power of pilotage authorities as to exemptions from compulsory pilotage (Repealed)

582. Power of pilotage authorities to make byelaws (Repealed)

583. Confirmation of byelaws (Repealed)

584. Appeal against byelaws or regulations not made under this Act (Repealed)

Returns by Pilotage Authorities

585. Returns by pilotage authorities to Board of Trade (Repealed)

Licensing of Pilots

586. Registration of pilot licences (Repealed)

587. Copies of pilotage provisions to be furnished to pilot (Repealed)

588. Licensed pilot to produce licence to employer (Repealed)

589. Production and return of licence to pilotage authority (Repealed)

590. Penalty on fraudulent use of licence (Repealed)

Recovery of Pilotage Dues and other Rights of Pilots

591. Recovery of pilotage dues (Repealed)

592. Receiving or offering improper rates of pilotage (Repealed)

593. Pilotage rate for leading ships (Repealed)

594. Allowance to licensed pilot taken out of his district (Repealed)

595. Penalty on making a false declaration to pilot as to draught of ship (Repealed)

596. Occasions on which unqualified pilots may act (Repealed)

597. Power of qualified to supersede unqualified pilot (Repealed)

598. Penalties as to employment of unqualified pilot (Repealed)

Pilotage Certificates for Masters and Mates

599. Grant of pilotage certificates to masters and mates (Repealed)

600. Appeal by master or mate to Board of Trade (Repealed)

601. Withdrawal of certificate (Repealed)

602. Fees for pilotage certificates (Repealed)

Compulsory Pilotage

603. Compulsory pilotage (Repealed)

604. Home trade passenger ships to carry pilots (Repealed)

605. Exemption from compulsory pilotage (Repealed)

Offences, and suspension and dismissal, of Pilots

606. Offences of pilots (Repealed)

607. Penalty on pilot endangering ship, life, or limb (Repealed)

608. Penalty on pilot obtaining charge of a ship by misrepresentation (Repealed)

609. Powers of pilotage committee to suspend or dismiss pilot (Repealed)

610. Appeals from suspension or dismissal (Repealed)

Pilot Boats and Pilot Signals

611. Approval of pilot boats (Repealed)

612. Characteristics of pilot boats (Repealed)

613. Display of pilot flag, when pilot is on board vessel (Repealed)

614. Penalty on ordinary boat displaying pilot flag (Repealed)

615. Signals to be displayed by ships requiring a pilot (Repealed)

Trinity House

616. Power of Trinity House to alter regulations (Repealed)

Sub-Commissioners (Trinity House)

617. Power of Trinity House to appoint sub-commissioners (Repealed)

Licensing of Pilots by Trinity House

618. Licensing of pilots by Trinity House within certain limits (Repealed)

619. Regulations as to pilots licences (Repealed)

620. Pilot's liability limited (Repealed)

621. Power to revoke and suspend licences (Repealed)

Compulsory Pilotage (Trinity House)

622. Compulsory pilotage districts of Trinity House (Repealed)

623. Constant supply of pilots at Dungeness (Repealed)

624. Ships from London coining past Dungeness to take the first pilot (Repealed)

625. Exemption from compulsory pilotage (Repealed)

Rates of Pilotage (Trinity House)

626. Rates of pilotage (Repealed)

627. Pilotage dues for foreign ships for port of London (Repealed)

628. Receipt and application of pilotage dues payable by foreign ships (Repealed)

629. Settlement of difference as to draught of ship (Repealed)

Pilot Fund (Trinity House)

630. Payments to be made to the pilot fund (Repealed)

631. Application of fund (Repealed)

632. Appointment of sub-commissioners by Trinity Houses of Hull and Newcastle (Repealed)

Saving for Liability of Owners and Masters

633. Limitation of liability of owner or masters where pilotage is compulsory (Repealed)

PART XI

Lighthouses

General Management

634. Management of lighthouses, buoys, and beacons

635. 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 Commissioners

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 (Repealed)

645. Revision of light dues by Order in Council (Repealed)

646. Regulation of light dues by lighthouse authorities (Repealed)

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. Light 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

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 expenditure

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 (Repealed)

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 (Repealed)

679. Accounts and audit

PART XIII

Legal Proceedings

Legal Proceedings

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

Jurisdiction

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, owl 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 (Repealed)

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

Prosecution of Offences in Colonies

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

716. Application of fees, fines, &c

717. Legal proceedings

Legal proceedings

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

Exemption from Rates and Harbour Dues

731. Exemption from rates

732. Exemption from harbour dues

Exemption from harbour dues

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 jurisdiction

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

Repeal and Savings

745. Repeal

746. Savings

Short Title and Commencement

747. Short Title and Commencement

748. Commencement (Repealed)

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

THIRD SCHEDULE

Table of Maximum Fees to be paid for the Measurement of Merchant Ships

FOURTH SCHEDULE

Table of Maximum Fees to be paid by Applicants for Examination

FIFTH SCHEDULE

Regulations to be observed with respect to Anti-Scorbutics

SIXTH SCHEDULE

Regulations to be observed with respect to Accommodation on board Ships

SEVENTH SCHEDULE

Constitution of Local Marine Boards

EIGHTH SCHEDULE

Particulars to be registered by Master of a Ship concerning a Birth 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 (Repealed)

Regulations as to Number of Persons carried on Emigrant Ships

ELEVENTH SCHEDULE (Repealed)

Regulations as to the Accommodation for Steerage Passengers

TWELFTH SCHEDULE (Repealed)

Water and Provisions

THIRTEENTH SCHEDULE (Repealed)

Conditions for Carriage of Horses and Cattle in Emigrant Ships

FOURTEENTH SCHEDULE (Repealed)

Forms under Part III (Passenger and Emigrant Ships)

FIFTEENTH SCHEDULE (Repealed)

Number 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 SCHEDULE

Life Saving Appliances

EIGHTEENTH SCHEDULE

Precautions as to Grain Cargo

NINETEENTH SCHEDULE

Part I - Statements in the case of Salvage by Her Majesty's Ships

Part II - Salvage Bond

TWENTIETH SCHEDULE

Maximum Fees and Remuneration of Receivers

TWENTY-FIRST SCHEDULE (Repealed)

Maximum Rates of Pilotage to be Demanded and Received by Qualified Pilots for piloting Ships within the under-mentioned Limits

TWENTY-SECOND SCHEDULE (Repealed)

Repeal

1894 (57 & 58 Vict.) c. 60

MERCHANT SHIPPING ACT 1894

REVISED

Updated to 30 April 2021

CHAPTER LX.

An Act to consolidate Enactments relating to Merchant Shipping. [25th August 1894.]

Annotations

Modifications (not altering text):

C1

Collectively cited Merchant Shipping Acts 1894 to 2010 applied with modifications (3.07.2010) by Merchant Shipping Act 2010 (14/2010), ss. 13(2), 51(3), commenced on enactment.

Cargo ship safety certificate.

13.— ...

(2) The provisions of the Merchant Shipping Acts relating to the issue, the period of validity, the granting of an extension or the cancellation of a safety equipment certificate, a radio certificate or a cargo ship safety construction certificate apply to a cargo ship safety certificate, in respect of the certificate concerned, as if it were the certificate.

...

Application (Chapter 5).

51.— ...

(3) The following provisions of the Merchant Shipping Acts do not apply to a vessel’s tender, namely—

(a) section 271 of the Principal Act,

(b) section 10, 15, 18 or 20 of the Act of 1952,

(c) section 6 or 15 of the Act of 1992,

(d) section 8 of the Act of 1992 or that section as applied by the European Communities (Passenger Ships) Regulations 2004 ( S.I. No. 716 of 2004 ), and

(e) section 82 or 84 of this Act.

C2

Functions under collectively cited Merchant Shipping Acts transferred and references to “Department of Communications, Marine and Natural Resources” and “Minister for Communications, Marine and Natural Resources” construed (1.01.2006) by Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 (S.I. No. 842 of 2005), arts. 3, 4 and sch. 1 part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Transport.

(2) References to the Department of Communications, Marine and Natural Resources contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, from the commencement of this Order, be construed as references to the Department of Transport.

3. The functions conferred on the Minister for Communications, Marine and Natural Resources—

(a) by or under the Acts specified in Part 1

...

of the Schedule to this Order are transferred to the Minister for Transport.

(2) References to the Minister for Communications, Marine and Natural Resources contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Transport.

...

Schedule

Article 4(1)

Part 1

Acts

...

Merchant Shipping Acts 1894 to 2005

...

C3

References to certain repealed provisions construed (6.02.1997) by Merchant Shipping (Liability of Shipowners and Others) Act 1996 (35/1996), s. 39, S.I. No. 215 of 1997.

Adaptation of certain references.

39.—A reference in any enactment to a provision of the Merchant Shipping Acts, 1894 to 1993, being a provision that is repealed by this Act and which corresponds to a provision of this Act, shall, unless the context otherwise requires, be construed as a reference to the said provision of this Act.

C4

Passenger steamer construed (14.05.1967) by Merchant Shipping Act 1966 (20/1966), s. 19(2), S.I. No. 54 of 1967.

Amendment of section 271 of Merchant Shipping Act, 1894.

19.— ...

(2) References in the Merchant Shipping Acts to a passenger steamer shall be construed as including any ship while on or about to proceed on a voyage or excursion in any case where a passenger steamer's certificate is required to be in force in respect of her.

C5

References to Act construed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 2(2), (3), commenced on enactment. Note that this Act is repealed by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 7 and sch. 1, not commenced as of date of revision.

Interpretation.

2.— ...

(2) References in any enactment to the Act of 1894 shall, unless the context otherwise requires, be construed as including a reference to this Act.

(3) References in any enactment to Part I of the Act of 1894 shall, unless the context otherwise requires, be construed as a reference to this Act.

C6

Application of Act extended (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 17, commenced on enactment. Note that this Act is repealed by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 7 and sch. 1, not commenced as of date of revision.

Registry of State-owned ships.

17.—(1) The Government may, by order, provide for the registry of State-owned ships under this Act, and, subject to any exceptions and modifications which may be made by the Government by order, either generally or as respects any special class of State-owned ships, the Act of 1894 and this Act shall apply to ships registered in accordance with any such order as if they were registered in the manner provided by this Act.

(2) The Government may revoke or amend an order under this section.

C7

Application of collectively cited Merchant Shipping Acts restricted (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), ss. 44, 45, 46, S.I. No. 338 of 1953. Section 46 was substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 10(1), commenced on enactment.

Removing persons in case of danger.

44.—Where the Minister for the purpose of enabling persons to be removed from any place in consequence of a threat to their lives has permitted more persons to be carried on board a ship than are permitted under the Merchant Shipping Acts apart from this section, the carriage of that excess of persons shall not be an offence under those Acts.

Power of Minister to exempt from safety requirements.

45.—(1) The Minister may exempt any ships or classes of ships from any requirements of the rules for life-saving appliances or any rules or regulations made under this Act, either absolutely or subject to such conditions as he thinks fit.

(2) Without prejudice to the preceding provisions of this section, where a ship not normally engaged on international voyages is required to undertake a single international voyage, the Minister may, if he is of opinion that the ship complies with safety requirements that are adequate for that voyage, exempt the ship from any of the safety requirements imposed by or under the Merchant Shipping Acts.

[Exemption of certain ships from certain provisions of Act of 1952.

46.—(1) Nothing in this Act—

(a) prohibiting or preventing a ship from proceeding to sea unless there are in force in relation to the ship, or are produced, the appropriate certificates issued by the Minister under this Act or the appropriate accepted Safety Convention certificates,

(b) conferring powers on a surveyor of ships for the purpose of verifying the existence, validity or correctness of any Safety Convention certificate or that the conditions on which any such certificate was issued are complied with,

(c) requiring information about a ship’s stability to be carried on board, or

(d) imposing a penalty for the contravention of any rules relating to openings in ships’ hulls and watertight bulkheads,

unless in the case of information about a ship’s stability the Minister otherwise orders, applies to any troopship.

(2) Nothing in subsection (1) affects the exemption conferred by section 741 of the Principal Act on ships belonging to the State.

(3) Notwithstanding that any provision of this Act is expressed to apply to ships not registered in the State while they are within any port in the State, that provision does not apply to a ship that would not be within any such port but for stress of weather or any other circumstance, that neither the master nor the owner of the ship could have prevented or forestalled.]

C8

References to consular officer construed (23.10.1945) by Merchant Shipping Acts, 1894 To 1921, Adaptation Order 1945 (S.R. & O. No. 273 of 1945), art. 2. Note definition of consular officer in Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 2, not commenced as of date of revision.

Adaptation of " consular officer " in Merchant Shipping Acts, 1894 to 1921

2. (1) The expression " consular officer " in the Merchant Shipping Acts, 1894 to 1921 (exclusive of Part IV of the Merchant Shipping Act, 1906), shall be construed as including the persons to whom this Article applies as well as the persons included in the expression apart from this Order, and the expression shall be so construed notwithstanding any qualification in relation to nationality attached thereto.

(2) This Article applies to the following persons :

(a) a person who is employed in the Civil Service of the Government and who is an envoy extraordinary and minister plenipotentiary, a high commissioner, a chargé d'affaires, a counsellor of legation, a secretary of a legation or high commissioner's office, or an attaché,

(b) a person who is employed in the Civil Service of the Government and who is a consul-general, a consul or a vice-consul,

(c) a person nominated, whether individually or by reference to a class, by the Minister for External Affairs after consultation with the Minister for Industry and Commerce to exercise consular functions for the purposes of the Merchant Shipping Acts, 1894 to 1921.

C9

Application of Act modified to conform with Genoa Convention on employing children and young persons at sea (1.01.1921) by Employment of Women, Young Persons and Children Act 1920 (10 & 11 Geo. 5) c. 65, s. 1(1), (2), (5), commenced as per s. 5(2).

Restrictions on the employment of women, young persons, and children in industrial undertakings.

1.—(1) No child shall be employed in any industrial undertaking.

(2) No child shall be employed in any ship except to the extent to which and in the circumstances in which such employment is permitted under the Convention set out in Part IV. of the Schedule to this Act.

...

(5) There shall be included in every agreement with the crew entered into under the Merchant Shipping Act, 1894, a list of the young persons under the age of sixteen years who are members of the crew, together with particulars of the dates of their birth, and, in the case of a ship in which there is no such agreement, the master of the ship shall, if young persons under the age of sixteen years are employed therein, keep a register of those persons with particulars of the dates of their birth and of the dates on which they become or cease to be members of the crew, and the register so kept shall at all times be open to inspection.

...

C10

Application of collectively cited Merchant Shipping Acts restricted (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 65(2), commenced as per s. 86(2). Note: functions of Board of Trade transferred to Department of Industry and Commerce (2.06.1924) by Ministers and Secretaries Act 1924 (16/1924), s. 1(vii) and sch. sixth part, S.R.& O. No. 4 of 1924. Name of Department of Industry and Commerce most recently changed to Department of Enterprise, Trade and Employment (10.11.2020) by Business, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 519 of 2020), in effect as per reg. 1(2).

Provisions as to failure to join ship and desertion.

65.— ...

(2) Where it is shown to the satisfaction of the superintendent that a seaman lawfully engaged has wilfully or through misconduct failed to join his ship, the superintendent shall report the matter to the Board of Trade, and that Board may direct that any of the seaman's certificates of discharge shall be withheld for such period as they may think fit, and, while a seaman's certificate of discharge is so withheld, the Registrar-General of Shipping and Seamen, and any other person having the custody of the necessary documents, may, notwithstanding anything in the Merchant Shipping Acts, refuse to furnish copies of any of his certificates of discharge or certified extracts of any particulars of service or character.

C11

Board of Trade enabled to exempt ships from collectively cited Merchant Shipping Acts (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 78, commenced as per s. 86(2).

Dispensing powers of the Board of Trade.

78.—(1) The Board of Trade may, if they think fit, and upon such conditions (if any) as they think fit to impose, exempt any ship from any specified requirement contained in, or pre scribed in pursuance of, the Merchant Shipping Acts, or dispense with the observance of any such requirement in the case of any ship, if they are satisfied that that requirement has been substantially complied with in the case of that ship, or that compliance with the requirement is unnecessary in the circumstances of the case, and that the action taken or provision made as respects the subject-matter of the requirement in the case of the ship is as effective as, or more effective than, actual compliance with the requirement.

(2) The Board of Trade shall annually lay before both Houses of Parliament a special report stating the cases in which they have exercised their powers under this section during the preceding year, and the grounds upon which they have acted in each case.

C12

References to provisions of collectively cited Merchant Shipping Acts construed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 84(2), commenced as per s. 86(2).

Interpretation and construction.

84.— ...

(2) Any reference in this Act to any provision of the Merchant Shipping Acts, 1894 to 1900, which has been amended by any subsequent Act or is amended by this Act, shall be construed as a reference to the provision as so amended.

Editorial Notes:

E1

Power to raise sunken vessel for purposes of prosecution under collectively cited Merchant Shipping Acts 1894 to 2010 prescribed (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 75, commenced on enactment.

E2

Act retained (8.05.2007) by Statute Law Revision Act 2007 (28/2007), s. 2 and sch. 1 part 4, commenced on enactment.

E3

Health and Safety Authority required to keep collectively cited Merchant Shipping Acts (included in definition of associated statutory provisions) under review and make proposals (1.09.2005) by Safety, Health and Welfare at Work Act 2005 (10/2005), s. 57, S.I. No. 328 of 2005.

E4

Power to seize and detain evidence for purposes of prosecution under collectively cited Merchant Shipping Acts 1894 to 1993 prescribed (1.03.1994) by Merchant Shipping (Salvage and Wreck) Act 1993 (34/1993), ss. 10(1)(c) and 62, S.I. No. 32 of 1994.

E5

Power of inspection and examination for purposes of collectively cited Merchant Shipping Acts 1894 to 1992 prescribed (1.08.1992) by Merchant Shipping Act 1992 (2/1992), s. 25(1), S.I. No. 205 of 1992.

E6

Minister empowered to amend collectively cited Merchant Shipping Acts to give effect to amendment of the International Convention for the Safety of Life at Sea signed in London on behalf of the Government on 1 November 1974 (25.01.1983) by Merchant Shipping Act 1981 (33/1981, s. 3, S.I. No. 15 of 1983.

E7

In relation to offences common to Fisheries (Consolidation) Act 1959 and this Act, they may be prosecuted and punished under either Act as provided (1.10.1959) by Fisheries (Consolidation) Act 1959 (14/1959), s. 224(4), commenced as per s. 2(1).

E8

Power of Minister to prescribe fees for surveys and services under Merchant Shipping Acts provided (14.06.1939) by Merchant Shipping (Amendment) Act 1939 (12/1939), s. 5, commenced on enactment.

E9

Penalty for failure to comply with collectively cited Merchant Shipping Acts 1894 to 1900 prescribed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 21, commenced as per s. 86(2); repealed (1.08.1992) by Merchant Shipping Act 1992 (2/1992), s. 4(1) and sch., not commenced as of date of revision.

E10

Double punishment for any misconduct under collectively cited Merchant Shipping Acts 1894 to 1900 prohibited (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 44(5), commenced as per s. 86(2).

E11

Previous affecting provision: requirement to withhold and power to revoke safety certificates under collectively cited Merchant Shipping Acts 1894 to 2005 prescribed (21.07.2009) by European Communities (Marine Equipment) Regulations 2009 (S.I. No. 259 of 2009), reg. 6, in effect as per reg. 2; revoked (4.12.2014) by European Union (Marine Equipment) Regulations 2014 (S.I. No. 540 of 2014), reg. 11, in effect as per reg. 1(2).

E12

Previous affecting provision: provision made for withholding or withdrawal of safety certificates under the International Conventions and relevant provisions of the collectively cited Merchant Shipping Acts under certain circumstances (6.02.2003) by European Communities (Marine Equipment) Regulations 2003 (S.I. No. 38 of 2003), reg. 6; revoked (21.07.2009) by European Communities (Marine Equipment) Regulations 2009 (S.I. No. 259 of 2009), reg. 10(a), in effect as per reg. 2.

E13

Previous affecting provision: power to withhold or withdraw safety certificates under collectively cited Merchant Shipping Acts 1894 to 1998 prescribed (23.12.1998) by European Communities (Marine Equipment) Regulations 1998 (S.I. No. 545 of 1998), reg. 6; revoked (6.02.2003) by European Communities (Marine Equipment) Regulations 2003 (S.I. No. 38 of 2003 ), reg. 11(a).

E14

Previous affecting provision: Minister empowered to authorise a recognised organisation to carry out surveys or inspections under Act under certain conditions (2.03.1998) by European Communities (Ship Inspection and Survey Organisations) Regulations 1998 (S.I. No. 56 of 1998), reg. 4(1)(a), in effect as per reg. 1(2); revoked (15.07.2003) by European Communities (Ship Inspection and Survey Organisations) Regulations 2003 (S.I. No. 301 of 2003), reg. 9.

E15

Previous affecting provision: functions under collectively cited Merchant Shipping Acts transferred and references construed (31.03.1987) by Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 91 of 1987), arts. 3, 4 and sch. part I, in effect as per art. 1(2); superseded as per C-note above.

E16

Previous affecting provision: functions under collectively cited Merchant Shipping Acts transferred and references construed (27.07.1959) by Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order 1959 (S.I. No. 125 of 1959), arts. 3, 4 and sch. I part I item 6, in effect as per art. 2; superseded as per E-note above.

E17

Previous affecting provision: power pursuant to collectively cited Merchant Shipping Acts exercised (1.01.1955) by Merchant Shipping (Fees) Order 1954 (S.I. No. 267 of 1954), in effect as per art. 1(2); revoked (1.01.1964) by Merchant Shipping (Fees) Order 1963 (S.I. No. 266 of 1963), art. 4, in effect as per art. 1(2).

E18

Previous affecting provision: powers pursuant to collectively cited Merchant Shipping Acts exercised (21.08.1949) by Merchant Shipping (Fees) Order, 1940 (Amendment) Order 1949 (S.I. No. 236 of 1949), in effect as per art. 1(2); revoked (1.01.1955) by Merchant Shipping (Fees) Order 1954 (S.I. No. 267 of 1954), art. 5, in effect as per art. 1(2).

E19

Previous affecting provision: powers pursuant to collectively cited Merchant Shipping Acts exercised (7.08.1940) by Merchant Shipping (Fees) Order 1940 (S.I. No. 36 of 1940), in effect as per art. 1; revoked (1.01.1955) by Merchant Shipping (Fees) Order 1954 (S.I. No. 267 of 1954), art. 5, in effect as per art. 1(2).

E20

Previous affecting provision: power pursuant to Merchant Shipping Act 1894 exercised (21.03.1929) by Merchant Shipping (Fees) Order 1929 (unnumbered).

E21

Previous affecting provision: power pursuant to Merchant Shipping Act 1894 exercised (date unknown) by Merchant Shipping (Fees) Order No. 2 1925 (unnumbered); revoked (21.03.1929) by Merchant Shipping (Fees) Order 1929 (unnumbered), art. 3, in effect as per art. 1.

E22

Passengers deemed to be carried from or to State for purposes of returns under collectively cited Merchant Shipping Acts 1894 to 1900 (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 15, commenced as per s. 86(2).

E23

Double punishment for any misconduct under collectively cited Merchant Shipping Acts 1894 to 1900 prohibited (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 44(5), commenced as per s. 86(2).

E24

Previous affecting provision: method of calculating tonnage of steamship for purposes of collectively cited Merchant Shipping Acts 1894 to 1900 prescribed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 69, commenced as per s. 86(2); repealed (6.02.1997) by Merchant Shipping (Liability of Shipowners and Others) Act 1996 (35/1996), s. 3 and sch. 4, S.I. No. 215 of 1997.

E25

Functions under collectively cited Merchant Shipping Acts 1894 to 1900 made subject to control of Board of Trade (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7 c. 48), s. 74(1), commenced as per s. 86(2). Note: functions of Board of Trade transferred to Department of Industry and Commerce (2.06.1924) by Ministers and Secretaries Act 1924 (16/1924), s. 1(vii) and sch. sixth part, S.R.& O. No. 4 of 1924. Name of Department of Industry and Commerce most recently changed to Department of Enterprise, Trade and Employment (10.11.2020) by Business, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 519 of 2020), in effect as per reg. 1(2).

Part I.

Registry.

Qualification for owning British Ships.

Annotations

Editorial Notes:

E26

Previous affecting provision: application of Part extended to include, in expression "ship", every description of lighter, barge or like vessel (1.01.1922) by Merchant Shipping Act 1921 (11 & 12 Geo. 5.) c. 28, s. 1(1), commenced as per s. 4(2); Part repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment.

E27

Previous affecting provision: forgery of certain documents under Part deemed a felony (1.01.1914) by Forgery Act 1913 (3 & 4 Geo. 5) c. 27, s. 3(3)(k), commenced as per s. 22; repealed (1.08.2002) Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001), s. 3 and sch. 1, S.I. No. 252 of 2002.

Section 1

Qualification for owning British Ship.

1

1.—F1[…]

Annotations

Amendments:

F1

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment.

Editorial Notes:

E28

Previous affecting provision: application of section restricted for 3 years for former enemy aliens (23.12.1919) by Aliens Restriction (Amendment) Act 1919 (9 & 10 Geo. 5) c. 92, s. 11(1)(c), commenced on enactment; repealed (10.04.1935) by Aliens Act 1935 (14/1935) s. 14 and sch., commenced on enactment.

E29

Previous affecting provision: application of section restricted for aliens (1.01.1915) by British Nationality and Status of Aliens Act 1914 (4 & 5 Geo. 5) c. 17, s. 17(3), commenced as per s. 28(3); repealed (10.04.1935) by Irish Nationality and Citizenship Act 1935 (13/1935) s. 33(1), commenced on enactment.

Obligation to register British Ships.

Section 2

Obligation to register British ships.

2

2.—F2[…]

Annotations

Amendments:

F2

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment.

Section 3

Exemptions from registry.

3

3. —F3[…]

Annotations

Amendments:

F3

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment.

Procedure for Registration.

Section 4

Registrars of British ships.

4

4.—F4[…]

Annotations

Amendments:

F4

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment.

Section 5

Register book.

5

5. —F5[…]

Annotations

Amendments:

F5

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 6

Survey and measurement of ship.

6

6.—F6[…]

Annotations

Amendments:

F6

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 7

Marking of ship.

7

7.—F7[…]

Annotations

Amendments:

F7

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 8

Application for registry.

8

8.—F8[…]

Annotations

Amendments:

F8

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 9

Declaration of ownership on registry.

9

9.—F9[…]

Annotations

Amendments:

F9

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 10

Evidence on first registry.

10

10.—F10[…]

Annotations

Amendments:

F10

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 11

Entry of particulars in register book.

11

11.—F11[…]

Annotations

Amendments:

F11

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 12

Documents to be retained by registrar.

12

12.—F12[…]

Annotations

Amendments:

F12

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 13

Port of registry.

13

13.—F13[…]

Annotations

Amendments:

F13

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Certificate of Registry.

Section 14

Certificate of registry.

14

14.—F14[…]

Annotations

Amendments:

F14

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 15

Custody of certificate.

15

15.—F15[…]

Annotations

Amendments:

F15

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 16

Penalty for use of improper certificate.

16

16.—F16[…]

Annotations

Amendments:

F16

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 17

Power to grant new certificate.

17

17.—F17[…]

Annotations

Amendments:

F17

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 18

Provision for loss of certificate.

18

18.—F18[…]

Annotations

Amendments:

F18

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 19

Endorsement of change of master on certificate.

19

19.—F19[…]

Annotations

Amendments:

F19

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 20

Endorsement of change of ownership on certificate.

20

20.—F20[…]

Annotations

Amendments:

F20

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 21

Delivery up of certificate of ship lost or ceasing to be British owned.

21

21.—F21[…]

Annotations

Amendments:

F21

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Editorial Notes:

E30

Previous affecting provision: subs. (1) construed with additional words (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 52(1), commenced as per s. 86(2); section repealed as per F-note above.

Section 22

Provisional certificate for ships becoming British owned abroad.

22

22.—F22[…]

Annotations

Amendments:

F22

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 23

Temporary passes in lieu of certificates of registry.

23

23.—F23[…]

Annotations

Amendments:

F23

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Transfers and Transmissions.

Section 24

Transfer of ships or shares.

24

24.—F24[…]

Annotations

Amendments:

F24

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 25

Declaration of transfer.

25

25.—F25[…]

Annotations

Amendments:

F25

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 26

Registry of transfer.

26

26.—F26[…]

Annotations

Amendments:

F26

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 27

Transmission of property in ship on death, bankruptcy, marriage, &c.

27

27.—F27[…]

Annotations

Amendments:

F27

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 28

Order for sale on transmission to unqualified person.

28

28.—F28[…]

Annotations

Amendments:

F28

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 29

Transfer of ship or sale by order of court.

29

29.—F29[…]

Annotations

Amendments:

F29

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 30

Power of court to prohibit transfer.

30

30.—F30[…]

Annotations

Amendments:

F30

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Mortgages.

Section 31

Mortgage of ship or share.

31

31.—F31[…]

Annotations

Amendments:

F31

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 32

Entry of discharge of mortgage.

32

32.—F32[…].

Annotations

Amendments:

F32

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 33

Priority of mortgages.

33

33.—F33[…]

Annotations

Amendments:

F33

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 34

Mortgagee not treated as owner.

34

34.—F34[…]

Annotations

Amendments:

F34

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 35

Mortgagee to have power of sale.

35

35.—F35[…]

Annotations

Amendments:

F35

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 36

Mortgage not affected by bankruptcy.

36

36.—F36[…]

Annotations

Amendments:

F36

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 37

Transfer of mortgages.

37

37.—F37[…]

Annotations

Amendments:

F37

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 38

Transmission of interest in mortgage by death, bankruptcy, marriage, &c.

38

38.—F38[…]

Annotations

Amendments:

F38

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Certificates of Mortgage and Sale.

Section 39

Powers of mortgage and sale may be conferred by certificate.

39

39. —F39[…]

Annotations

Amendments:

F39

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 40

Requisites for certificates of mortgage and sale.

40

40.—F40[…]

Annotations

Amendments:

F40

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 41

Restrictions on certificates of mortgage and sale.

41

41.—F41[…]

Annotations

Amendments:

F41

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 42

Contents of certificates of mortgage and sale.

42

42.—F42[…]

Annotations

Amendments:

F42

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 43

Rules as to certificates of mortgage.

43

43.—F43[…]

Annotations

Amendments:

F43

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 44

Rules as to certificates of sale.

44

44.—F44[…]

Annotations

Amendments:

F44

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 45

Power of Commissioners of Customs in case of loss of certificate of mortgage or sale.

45

45.—F45[…]

Annotations

Amendments:

F45

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 46

Revocation of certificates of mortgage and sale.

46

46.—F46[…]

Annotations

Amendments:

F46

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Name of Ship.

Section 47

Rules as to name of ship.

47

47.—F47[…]

Annotations

Amendments:

F47

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

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

Section 48

Registry of alterations.

48

48.—F48[…]

Annotations

Amendments:

F48

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Editorial Notes:

E31

Previous affecting provision: subs. (2) substituted (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 53, commenced as per s. 86(2); section repealed as per F-note above.

Section 49

Regulations for registry of alteration.

49

49.—F49[…]

Annotations

Amendments:

F49

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 50

Provisional certificate and endorsement where ship is to be registered anew.

50

50.—F50[…]

Annotations

Amendments:

F50

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 51

Registry anew on change of ownership.

51

51.—F51[…]

Annotations

Amendments:

F51

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 52

Procedure for registry anew.

52

52.—F52[…]

Annotations

Amendments:

F52

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 53

Transfer of registry.

53

53.—F53[…]

Annotations

Amendments:

F53

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 54

Restrictions on re-registration of abandoned ships.

54

54.—F54[…]

Annotations

Amendments:

F54

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Incapacitated Persons.

Section 55

Provision for cases of infancy or other incapacity.

13 & 14 Vict. c. 60.

55

55.—F55[…]

Annotations

Amendments:

F55

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Trusts and Equitable Rights.

Section 56

Notices of trusts not received.

56

56.—F56[…]

Annotations

Amendments:

F56

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 57

Equities not excluded by Act.

57

57.—F57[…]

Annotations

Amendments:

F57

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Liability of Beneficial Owner.

Section 58

Liability of owners.

58

58.—F58[…]

Annotations

Amendments:

F58

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Managing Owner.

Section 59

Ship’s managing owner or manager to be registered.

59

59.—F59[…]

Annotations

Amendments:

F59

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Declarations, Inspection of Register, and Fees.

Section 60

Power of registrar to dispense with declarations and other evidence.

60

60.—F60[…]

Annotations

Amendments:

F60

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 61

Mode of making declarations.

61

61.—F61[…]

Annotations

Amendments:

F61

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 62

Application of fees.

62

62.—F62[…]

Annotations

Amendments:

F62

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Returns, Evidence, and Forms.

Section 63

Returns to be made by registrars.

63

63.—F63[…]

Annotations

Amendments:

F63

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 64

Evidence of register book, certificate of registry, and other documents.

64

64.—F64[…]

Annotations

Amendments:

F64

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 65

Forms of documents, and instructions as to registry.

65

65.—F65[…]

Annotations

Amendments:

F65

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Forgery and false Declarations.

Section 66

Forgery of documents.

66

66.—F66[…]

Annotations

Amendments:

F66

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 67

False declarations.

67

67.—F67[…]

Annotations

Amendments:

F67

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

National Character and Flag.

Section 68

National character of ship to be declared before clearance.

68

68.—F68[…]

Annotations

Amendments:

F68

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 69

Penalty for unduly assuming British character.

69

69.—F69[…].

Annotations

Amendments:

F69

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 70

Penalty for concealment of British or assumption of foreign character.

70

70.—F70[…]

Annotations

Amendments:

F70

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 71

Penalty for acquiring ownership if unqualified.

71

71.—F71[…]

Annotations

Amendments:

F71

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 72

Liabilities of ships not recognised as British.

72

72. —F72[…]

Annotations

Amendments:

F72

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 73

National colours for ships, and penalty on carrying improper colours.

73

73.—F73[…]

Annotations

Amendments:

F73

Repealed (30.01.1948) by Merchant Shipping Act 1947 (46/1947), s. 14, S.I. No. 33 of 1948. 

Section 74

Penalty on ship not showing colours.

74

74.—F74[…]

Annotations

Amendments:

F74

Repealed (30.01.1948) by Merchant Shipping Act 1947 (46/1947), s. 14, S.I. No. 33 of 1948.

Section 75

Saving for Admiralty.

75

75.—F75[…]

Annotations

Amendments:

F75

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Forfeiture of Ship.

Section 76

Proceedings on forfeiture of ship.

76

76.—F76[…]

Annotations

Amendments:

F76

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Measurement of Ship and Tonnage.

Section 77

Rules for ascertaining register tonnage.

77

77.—F77[…]

Annotations

Amendments:

F77

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 78

Allowance for engine-room space in steamships.

78

78.—F78[…]

Annotations

Amendments:

F78

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Editorial Notes:

E32

Previous affecting provision: application of section modified (1.01.1914) by Merchant Shipping Act 1907 (7 Edw. 7) c. 52, s. 1, commenced as per s. 1(b); section repealed as per F-note above.

Section 79

Deductions for ascertaining tonnage.

79

79.—F79[…]

Annotations

Amendments:

F79

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Editorial Notes:

E33

Previous affecting provision: subs. (1)(a) to be read with additional para. (iv) as provided (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 54(1), commenced as per s. 86(2); section repealed as per F-note above.

Section 80

Provisions as to deductions in case of certain steamships.

80

80.—F80[…]

Annotations

Amendments:

F80

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 81

Measurement of ships with double bottoms for water ballast.

81

81.—F81[…]

Annotations

Amendments:

F81

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 82

Tonnage once ascertained to be the tonnage of ship.

82

82.—F82[…]

Annotations

Amendments:

F82

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 83

Fees for measurement.

83

83. —F83[…]

Annotations

Amendments:

F83

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 84

Tonnage of ships of foreign countries adopting tonnage regulations.

84

84.—F84[…]

Annotations

Amendments:

F84

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Editorial Notes:

E34

Previous affecting provision: subs. (1) to be read with additional words as provided (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 55, commenced as per s. 86(2); section repealed as per F-note above.

Section 85

Space occupied by deck cargo to be liable to dues.

85

85.—F85[…]

Annotations

Amendments:

F85

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 86

Surveyors and regulations for measurement of ships.

86

86.—F86[…]

Annotations

Amendments:

F86

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 87

Levy of tonnage rates under local Acts on the registered tonnage.

87

87.—F87[…]

Annotations

Amendments:

F87

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Ports of Registry in Place under Foreign Jurisdiction Act.

Section 88

Foreign ports of registry.

53 & 54 Vict. c. 37.

88

88.—F88[…]

Annotations

Amendments:

F88

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Registry in Colonies.

Section 89

Powers of governors in colonies.

89

89.—F89[…]

Annotations

Amendments:

F89

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Section 90

Terminable certificates of registry for small ships in colonies.

90

90.—F90[…]

Annotations

Amendments:

F90

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Application of Part I.

Section 91

Application of Part I.

91

91.—F91[…]

Annotations

Amendments:

F91

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment. 

Part II.

Masters and Seamen.

Annotations

Modifications (not altering text):

C13

Application of Part extended for purposes of ss. 260-266 (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 49(3), commenced as per s. 86(2). "This Part" referred to below is Part IV (ss. 28-49), Provisions as to Relief and Repatriation of Distressed Seamen, and Seamen left behind Abroad. Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Definitions of "proper authority" and "seamen"

49. ...

(3) The provisions of this Part of this Act shall, for the purpose of sections two hundred and sixty to two hundred and sixty-six of the Principal Act (which relate to the application of Part II of that Act), be construed as if they were contained in Part II of that Act.

Editorial Notes:

E35

Certain certificates of competency declared to be of the same force as if they had been granted by the Minister under Part II, s. 414 or other provisions as provided (25.08.1995) by Merchant Shipping (Recognition of British Certificates of Competency) Order 1995 (S.I. No. 228 of 1995), art. 2.

E36

Employment under an employment agreement made under Part II or Part IV excluded from application of Minimum Notice and Terms of Employment Act 1973 (1.09.1973) by Minimum Notice and Terms of Employment Act 1973 (4/1973), s. 3(1)(f), S.I. No. 242 of 1973.

E37

Previous affecting provision: certain certificates of competency declared to be of the same force as if they had been granted by the Minister under Part II or s. 414 (18.02.1949) by Merchant Shipping (Recognition of British Certificates of Competency) Order 1949 (S.I. No. 47 of 1949), art. 2; revoked (25.08.1995) by Merchant Shipping (Recognition of British Certificates of Competency) Order 1995 (S.I. No. 228 of 1995), art. 3.

Certificates of Competency.

Section 92

Certificates of competency to be held by officers of ships.

92

92.—F92[…]

Annotations

Amendments:

F92

Repealed (1.09.1981) by Merchant Shipping (Certification of Seamen) Act 1979 (37/1979), s. 13 and sch., S.I. No. 11 of 1981.

Editorial Notes:

E38

Previous affecting provision: subs. (1)(b) substituted (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 56, commenced as per s. 86(2); section repealed as per F-note above.

Section 93

Grades of certificates of competency.

93

93.—(1) Certificates of competency shall be granted, in accordance with this Act, for each of the following grades; (that is to say,)

Master of a foreign-going ship:

First mate of foreign-going ship:

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.

Annotations

Editorial Notes:

E39

Certain certificates of competency declared to be of the same force as if they had been granted by the Minister under Part II, s. 414 or other provisions (25.08.1995) by Merchant Shipping (Recognition of British Certificates of Competency) Order 1995 (S.I. No. 228 of 1995), art. 2.

E40

Previous affecting provision: certificates of competency under section declared to be equivalent to certificates of competency under Merchant Shipping (Certification of Marine Engineer Officers and Marine Engine Operators) Regulations 1988 (1.03.1989) by Merchant Shipping (Certification of Marine Engineer Officers and Marine Engine Operators) Regulations 1988 (S.I. No. 369 of 1988), regs. 6 and table, 7, in effect as per reg. 1(2); revoked (30.12.1998) by Merchant Shipping (Training, and Certification) Regulations 1998 (S.I. No. 553 of 1998), reg. 1(2) and sch.

E41

Previous affecting provision: certificates of competency under section declared to be equivalent to certificates of competency under Merchant Shipping (Certification of Deck Officers) Regulations 1988 (1.03.1989) by Merchant Shipping (Certification of Deck Officers) Regulations 1988 (S.I. No. 368 of 1988), regs. 6(2)-(5) and table, 7, in effect as per reg. 1(2); revoked (30.12.1998) by Merchant Shipping (Training, and Certification) Regulations 1998 (S.I. No. 553 of 1998), reg. 1(2) and sch.

E42

Previous affecting provision: certificates of competency under section declared to be equivalent to certificates of competency under Merchant Shipping (Certification of Deck Officers) Regulations 1981 under certain conditions as provided (1.09.1981) by Merchant Shipping (Certification of Deck Officers) Regulations 1981 (S.I. No. 13 of 1981), regs. 5(2)-(6), 6, in effect as per reg. 1; revoked (1.03.1989) by Merchant Shipping (Certification of Deck Officers) Regulations 1988 (S.I. No. 368 of 1988), reg. 1(2), in effect as per reg. 1(2).

E43

Previous affecting provision: certificates of competency under section declared to be equivalent to certificates of competency under Merchant Shipping (Certification of Marine Engineer Officers) Regulations 1981 under certain conditions as provided (1.09.1981) by Merchant Shipping (Certification of Marine Engineer Officers) Regulations 1981 (S.I. No. 12 of 1981), reg. 6 and table, in effect as per reg. 1; revoked (1.03.1988) by Merchant Shipping (Certification of Marine Engineer Officers and Marine Engine Operators) Regulations 1988 (S.I. No. 369 of 1988), reg. 1(2), in effect as per reg. 1(1).

E44

Previous affecting provision: certain certificates of competency declared to be of the same force as if they had been granted by the Minister under Part II or s. 414 (18.02.1949) by Merchant Shipping (Recognition of British Certificates of Competency) Order 1949 (S.I. No. 47 of 1949), art. 2; revoked (25.08.1995) by Merchant Shipping (Recognition of British Certificates of Competency) Order 1995 (S.I. No. 228 of 1995), art. 3.

Section 94

Examinations for certificates of competency.

94

94.—F93[…]

Annotations

Amendments:

F93

Repealed (10.08.1914) by Merchant Shipping (Certificates) Act 1914 (4 & 5 Geo. 5) c. 42, s. 1(3) commenced on enactment.

Section 95

Examinations by Board of Trade in certain cases.

95

95.—F94[…]

Annotations

Amendments:

F94

Repealed (10.08.1914) by Merchant Shipping (Certificates) Act 1914 (4 & 5 Geo. 5) c. 42, s. 1 (3) commenced on enactment.

Section 96

Engineers certificates of competency.

96

96.—(1) For the purpose of granting certificates of competency as engineers to persons desirous of obtaining the same, examinations 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 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.

Section 97

Fees on examination.

97

97.—An applicant for examination, whether as master, mate, or 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.

Annotations

Modifications (not altering text):

C14

Application of section affected (1.04.1899) by Merchant Shipping (Mercantile Marine Fund) Act 1898 (61 & 62 Vict.) c. 44, s. 1(1), commenced as per s. 9(3).

Abolition of Mercantile Marine Fund and Constitution of General Lighthouse Fund. 57 & 58 Vict. c. 60

1.—(1). As from the commencement of this Act—

(a.) All sums accounted for and paid to the Mercantile Marine Fund, except the light dues or other sums mentioned in paragraph (i) of section six hundred and seventy-six of the Merchant Shipping Act, 1894, shall be paid into the Exchequer:

...

Section 98

Grant of certificates on passing examination.

98

98.—(1) The Board of Trade shall, subject as herein-after mentioned, deliver to every applicant who is duly reported by the 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.

Section 99

Certificates of service for naval officers.

99

99.—(1) A person who has attained the rank of lieutenant, 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.

Section 100

Form and record of certificate.

100

100.—(1) All certificates of competency shall be made in duplicate, 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.

(3) Any such certificate and any record under this section shall be admissible in evidence in manner provided by this Act.

Section 101

Loss of certificate.

101

101.—If a master, mate, or engineer proves to the satisfaction of the Board of Trade that he has, without fault on his part, lost or 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.

Section 102

Colonial certificates of competency.

102

102. —Where the legislature of any British possession provides for the examination of, and grant of certificates of competency to, 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, cancellation, and suspension thereof, as Her Majesty may think fit, and impose fines not exceeding fifty pounds for the breach of those conditions and regulations.

Annotations

Editorial Notes:

E45

A fine of £50 translates into a Class B fine, not exceeding €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 5, table ref. no. 8, S.I. No. 662 of 2010.

Section 103

Production of certificates of competency to superintendent.

103

103.—(1) The master of a foreign-going ship—

(a) on signing the agreement with the crew before a superintendent shall produce to him the certificates of competency 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 superintendent 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, 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.

Section 104

Forgery, &c. of certificate of competency.

104

104.—If any person—

(a) forges or fraudulently alters, or assists in forging or fraudulently 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 competency 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 misdemeanor.

Apprenticeship to the Sea Service.

Section 105

Assistance given by superintendents as to apprenticeship.

105

105. —All superintendents shall give to persons desirous of apprenticing boys to or requiring apprentices for the sea service, such assistance as may be in their power, and may receive from those persons such fees as the Board of Trade fix, with the concurrence, 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.

Section 106

Apprenticeships of paupers in Great Britain and Ireland.

106

106.—Subject to the special provisions of this Act, apprenticeships to the sea service made by a board of guardians or persons having the authority of a board of guardians shall, if made in 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 division, as the case may be, to which the boy or his parent 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.

Section 107

Attestation of pauper apprenticeship.

107

107.—Every indenture of apprenticeship to the sea service made in the United Kingdom by a board of guardians, or persons having the authority of a board of guardians, shall be executed by the boy 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.

Section 108

Special provisions as to apprenticeship to the sea service.

108

108.—(1) Every indenture of apprenticeship to the sea service shall be executed in duplicate and shall be exempt from stamp duty.

(2) Every indenture of apprenticeship to the sea service, made in the United Kingdom, and every assignment or cancellation 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 superintendent, 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.

Annotations

Editorial Notes:

E46

A fine of £10 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, Table ref. no. 8, S.I. No. 662 of 2010.

Section 109

Production of indentures to superintendent before voyage in foreign-going ship.

109

109.—(1) The master of a foreign-going ship shall, before carrying an apprentice to sea from a port in the United Kingdom, cause the apprentice to appear before the superintendent before whom the crew are engaged, and shall produce to the superintendent the indenture by which the apprentice is bound, and every assignment thereof.

(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.

Annotations

Editorial Notes:

E47

A fine of £5 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Licences to supply Seamen.

Section 110

Licence for supply of seamen.

110

110.—The Board of Trade may grant to such persons as the Board think fit licences to engage or supply seamen or apprentices 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.

Section 111

Penalty for engaging seamen without licence.

111

111.—(1) A person shall not engage or supply a seaman or apprentice to be entered on board any ship in the United Kingdom, 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 bonâ 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 bonâ 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.

Annotations

Editorial Notes:

E48

A fine of £20 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.

Section 112

Penalty for receiving remuneration from seamen for engagement.

112

112. —(1) A person shall not demand or receive directly or indirectly from a seaman or apprentice to the sea service, or from a person seeking employment as a seaman or apprentice to the sea service, or from a person on his behalf, any remuneration whatever 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.

Annotations

Editorial Notes:

E49

A fine of £5 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Engagement of Seamen.

Section 113

Agreements with crew.

113

113.—(1) The master of every ship, except ships of less than 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 he carries to sea as one of his crew from any port in the United Kingdom.

(2) If a master of a ship carries any seamen to sea without entering into an agreement with him in accordance with this Act, the master in the case of a foreign-going ship, and the master or owner in the case of a home trade ship, shall for each offence be liable to a fine not exceeding five pounds.

Annotations

Editorial Notes:

E50

A fine of £5 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Section 114

Form, period, and conditions of agreements with crew.

114

114. —(1) An agreement with the crew shall be in a form approved by the Board of Trade, and shall be dated at the time of the first signature thereof, and shall be signed by the master before 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.

Section 115

Special provisions as to agreements with crew of foreign-going ships.

115

115.—The following provisions shall have effect with respect to the agreements with the crew made in the United Kingdom in the case of foreign-going ships registered either within or without the United Kingdom:—

(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 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 substitute, 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 complied with, sign the endorsement and return the agreement to the master:

(9) The duplicate running agreement retained by the superintendent on the first engagement of the crew shall either be transmitted to the Registrar-General of Shipping and Seamen immediately, or kept by the superintendent until the expiration of the agreement, as the Board of Trade direct.

Annotations

Editorial Notes:

E51

A fine of £20 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.

Section 116

Special provisions as to agreements with crew of home-trade ships.

116

116.—The following provisions shall have effect with respect to the agreements with the crew of home trade ships for which an agreement with the crew is required under this Act:—

(1) Agreements may be made either for service in a particular 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 are required to be engaged for foreign-going ships, but if the 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 agreement shall be forwarded to the Registrar-General of Shipping and Seamen within forty-eight hours after it has been entered into.

Section 117

Changes in crew of foreign-going ship to be reported.

117

117.—(1) The master of every foreign-going ship whose crew has been engaged before a superintendent shall, before finally leaving the United Kingdom, sign, and send to the nearest superintendent, a full and accurate statement, in a form approved by the Board of Trade, of every change which takes place in his crew before finally leaving the United Kingdom, and that statement shall be admissible in evidence in manner provided by this Act.

(2) If a master fails without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding five pounds.

Annotations

Editorial Notes:

E52

A fine of £5 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Section 118

Certificate as to agreements with crew of foreign-going ships.

118

118.—(1) In the case of a foreign-going ship, on the due execution of an agreement with the crew in accordance with this Act, and also, where the agreement is a running agreement, on compliance by the master, before the second and every subsequent voyage made after the first commencement of the agreement, with the provisions of this Act respecting that agreement, the superintendent shall grant the master of the ship a certificate to that effect.

(2) The master of every foreign-going ship shall, before proceeding 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, whichever first happens, deliver his agreement with the crew to the 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 agreement with the crew, he shall for each offence be liable to a fine not exceeding five pounds.

Annotations

Editorial Notes:

E53

A fine of £5 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Section 119

Certificate as to agreements with crew of home trade ships.

119

119.—(1) The master or owner of a home trade ship of more than eighty tons burden shall within twenty-one day after the thirtieth day of June and the thirty-first day of December in every year 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.

Annotations

Editorial Notes:

E54

A fine of £5 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Section 120

Copy of agreement to be made accessible to crew.

120

120.—(1) The master shall at the commencement of every voyage or engagement cause a legible copy of the agreement with 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 this section, he shall for each offence be liable to a fine not exceeding five pounds.

Annotations

Editorial Notes:

E55

A fine of £5 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Section 121

Forgery, &c. of agreements with crew.

121

121.—If any person fraudulently alters, makes any false entry in, or delivers a false copy of, any agreement with the crew, that person 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.

Section 122

Alterations in agreements with crew.

122

122.—Every erasure, interlineation, or alteration in any agreement 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.

Section 123

Seamen not to be bound to produce agreement.

123

123.—In any legal or other proceeding a seaman may bring 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.

Section 124

Engagement of seamen in colonial and foreign ports.

124

124.—(1) With respect to the engagement of seamen abroad, the following provisions shall have effect:—

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 port in which there is a British consular officer, the provisions of 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 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 before 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, that 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.

Annotations

Editorial Notes:

E56

A fine of £5 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Agreements with Lascars.

Section 125

Agreements with Lascars.

4 Geo. 4. c. 80.

125

125.—(1) The master or owner of any ship, or his agent, may 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 contain 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 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 agreement, 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 unrepealed of the Act of the fourth year of the reign of King George the Fourth, chapter eighty, intituled, “An Act to consolidate 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.”

Annotations

Editorial Notes:

E57

A fine of £10 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Rating of Seamen.

Section 126

Rating of seamen.

126

126.—(1) A seaman shall not be entitled to the rating of A.B., that is to say, of an able-bodied seaman, unless he has served at sea for F95[three 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 F95[two 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 F95[two 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.

Annotations

Amendments:

F95

Substituted (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 58(1), commenced as per s. 86(2).

Discharge of Seamen.

Section 127

Discharge before superintendent.

127

127.—(1) When a seaman serving in a British foreign-going ship, whether registered within or without the United Kingdom, is on the termination of his engagement discharged in the United 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 this section, he shall for each offence be liable to a fine not 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.

Annotations

Editorial Notes:

E58

A fine of £10 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Section 128

Certificate of discharge and return of certificate to officer on discharge.

128

128. —(1) The master shall sign and give to a seaman discharged from his ship, either on his discharge or on payment of his wages, a certificate of his discharge in a form approved by the Board of Trade, specifying the period of his service and the time and place of his discharge, and if the master fails so to do he shall for each offence he liable to a fine not exceeding ten pounds.

(2) The master shall also, upon the discharge of every certificated 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.

Annotations

Editorial Notes:

E59

A fine of £10 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

E60

A fine of £20 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.

Section 129

Reports of seaman’s character.

129

129.—(1) Where a seaman is discharged before a superintendent, the master shall make and sign, in a form approved by the Board of Trade, a report of the conduct, character, and qualifications of 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.

Section 130

False or forged certificate of discharge or report of character.

130

130.—If any person—

(a) makes a false report of character under this Act, knowing the same to be false; or

(b) forges or fraudulently alters any certificate of discharge or 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,

he shall in respect of each offence be guilty of a misdemeanor.

Payment of Wages.

Section 131

Payment of wages before superintendent.

131

131.—(1) Where a seaman is discharged before a superintendent in the United Kingdom, he shall receive his wages through or 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 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.

Annotations

Editorial Notes:

E61

A fine of £10 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Section 132

Master to deliver account of wages.

132

132.—(1) The master of every ship shall before paying off or discharging a seaman deliver at the time and in the manner provided 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 superintendent, 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 superintendent, 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 comply with this section, he shall for each offence be liable to a fine not exceeding five pounds.

Annotations

Modifications (not altering text):

C15

Application of section extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 59(2) commenced as per s. 86(2).

Notice of disrating of seaman.

59.— …

(2) Any reduction of wages consequent on the disrating of a seaman shall be deemed to be a deduction from wages within the meaning of sections one hundred and thirty-two and one hundred and thirty-three of the principal Act (which relate to the delivery of the account of wages and the allowance of deductions therefrom).

Editorial Notes:

E62

A fine of £5 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Section 133

Deductions from wages of seamen.

133

133.—(1) A deduction from the wages of a seaman shall not be allowed unless it is included in the account delivered in pursuance 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.

Annotations

Modifications (not altering text):

C16

Application of section extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 59(2) commenced as per s. 86(2).

Notice of disrating of seaman.

59. …

(2) Any reduction of wages consequent on the disrating of a seaman shall be deemed to be a deduction from wages within the meaning of sections one hundred and thirty-two and one hundred and thirty-three of the principal Act (which relate to the delivery of the account of wages and the allowance of deductions therefrom).

Section 134

Time of payment of wages for foreign-going ships.

134

134.—In the case of foreign-going ships (other than ships employed on voyages for which seamen by the terms of their 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 (exclusive 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 the delay is due to the act or default of the seaman, or to any 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.

Section 135

Time of payment of wages for home trade ships.

135

135.—(1) The master or owner of every home trade ship shall pay to every seaman his wages within two days after the termination of the agreement with the crew, or at the time when the 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.

Section 136

Settlement of wages.

136

136.—(1) Where a seaman is discharged, and the settlement of his wages completed, before a superintendent, he shall sign in the 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 superintendent, 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 superintendent, the superintendent shall, if required, sign and give to the master a statement of the whole amount so paid; and the statement shall as between the master and his employer be admissible as evidence that the master has made the payments therein mentioned.

Annotations

Modifications (not altering text):

C17

Application of subs. (4) restricted (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 60, commenced as per s. 86(2).

Power to except claims from release, on settlement of wages.

60. Notwithstanding anything in section one hundred and thirty-six of the principal Act, a seaman may except from the release signed by him under that section any specified claim or demand against the master or owner of the ship, and a note of any claim or demand so excepted shall be entered upon the release. The release shall not operate as a discharge and settlement of any claim or demand so noted, nor shall subsection (4) of that section apply to any payment, receipt, or settlement made with respect to any such claim or demand.

Section 137

Decision of questions by superintendents.

137

137. —(1) Where in the case of a foreign-going ship a question as to wages is raised before a superintendent between the master or owner of the ship and a seaman or apprentice, and the amount 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 superintendent 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 question, of whatever nature and whatever the amount in dispute, between a master or owner and any of his crew is raised before a superintendent, and both parties agree in writing to submit the same to him, the superintendent shall hear and 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.

Section 138

Power of superintendent to require production of ship’s papers.

138

138.—(1) In any proceeding under this Act before a superintendent relating to the wages, claims, or discharge of a seaman, the superintendent may require the owner, or his agent, or the master, or any mate or other member of the crew, to produce any log-books, 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 fine not exceeding five pounds.

Annotations

Editorial Notes:

E63

A fine of £5 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Section 139

Rule as to payment of British seamen in foreign money.

139

139.—Where a seaman has agreed with the master of a British ship for payment of his wages in British sterling or any other money, any payment of, or on account of, his wages if made in any other currency than that stated in the agreement, shall, notwithstanding 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.

Section 140

Advance notes restricted.

140

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.

Section 141

Regulations as to allotment notes.

141

141.—(1) Any stipulation made by a seaman at the commencement of a voyage for the allotment of any part of his wages 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 stipulation be inserted in the agreement for the allotment by means 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, grandmother, 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.

Annotations

Modifications (not altering text):

C18

Application of section affected (18.08.1911) by Merchant Shipping (Seamen's Allotment) Act 1911 (1 & 2 Geo. 5) c. 8, s. 1, commenced on enactment. This effectively repeals "(not exceeding one half)" in subs. (2).

Regulations as to allotment note.

1. —By agreement with the master an allotment note may be granted to a seaman providing for—

(a) payment of a greater sum than one half of the wages;

(b) payment at a period earlier than one month from the date of the agreement with the crew and at intervals more frequent than one month.

C19

Further effect to section given (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 61, commenced as per s. 86(2).

Obligation to offer allotment notes.

61.—In order to give effect to the provisions of section one hundred and forty-one of the principal Act enabling a seaman to require a stipulation for the allotment of his wages by means of an allotment note every superintendent or other officer before whom the seaman is engaged shall, after the seaman has signed the agreement, inquire of the seaman whether he requires such a stipulation for the allotment of his wages by means of an allotment note, and if the seaman requires such a stipulation shall insert the stipulation in the agreement with the crew, and any such stipulation shall be deemed to have been agreed to by the master.

Section 142

Allotments through savings banks.

142

142. —(1) An allotment in favour of a savings bank shall be made in favour of such persons and carried into effect in such 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 the case of his death, by some person to whom his property, if under one hundred pounds in value, may be paid under this Act.

Section 143

Right of suing on allotment notes.

143

143.—(1) The person in whose favour an allotment note under this Act is made may, unless the seaman is shown, in manner in this Act specified, to have forfeited or ceased to be entitled to the 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 creditable letter from the master of the ship to the same effect, or

(d) by such other evidence as the court in their absolute discretion 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.

Section

Time for payment of allotment note

144.—F96[…]

Annotations

Amendments:

F96

Repealed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 85 and sch. 2, commenced as per s. 86(2).

Section 145

Remittance of seamen’s wages, &c. by seamen’s money orders.

145

145.—(1) Facilities shall be given for remitting the wages and other money of seamen and apprentices to the sea service to their relatives or other persons by means of seamen’s 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.

Section 146

Power to pay when order is lost.

146

146.—The Board of Trade may, if they think fit, cause the amount of any seaman’s money order to be paid to the person 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.

Section 147

Penalty for issuing money orders with fraudulent intent.

147

147.—If any superintendent or officer grants or issues a seaman’s money order with a fraudulent intent he shall be guilty of felony, and shall for each offence be liable to penal servitude for a term not exceeding five and not less than three years.

Section 148

Power for Board of Trade to establish savings banks.

148

148.—(1) The Board of Trade may maintain a central seamen’s savings bank in London, and may establish and maintain branch seamen’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 F97[…].

(2) The Board of Trade may constitute any mercantile marine office a 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, F98[…] the rate and payment of interest, the rights, claims, and obligations of depositors, and all other matters incidental to carrying into execution 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.

Annotations

Amendments:

F97

Deleted (20.05.1920) Savings Banks Act 1920 (10 & 11 Geo. 5) c. 12, s. 10(4) and sch., commenced on enactment.

F98

Deleted (20.05.1920) Savings Banks Act 1920 (10 & 11 Geo. 5) c. 12, s. 10(4) and sch., commenced on enactment.

Section 149

National Debt Commissioners to receive deposits, &c.

149

149.—(1) The National Debt Commissioners, on the request of the Board of Trade, may receive from and repay to the account of the Board the money paid as deposits in seamen’s savings 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.

Section 150

Application of deposits of deceased depositor.

150

150.—All sums due from the Board of Trade to the estate of any deceased person on account of any deposit in a seamen’s savings bank shall be paid and applied by the Board of Trade as if they 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.

Section 151

Expenses of savings banks.

151

151.—The Board of Trade may, out of the interest received by them from the National Debt Commissioners under this Act, pay any expenses incurred by them in relation to seamen’s savings banks.

Section 152

Accounts and copy of regulations to be laid before Parliament.

152

152.—An annual account of all deposits received and repaid on account of seamen’s savings banks by the Board of Trade under this Act, and of the interest thereon, and a copy of all regulations made by the Board of Trade with respect to seamen’s savings banks shall be laid before both Houses of Parliament.

Section 153

Public officers to be exempt from legal proceedings, except in case of wilful default.

153

153.—Legal proceedings shall not be instituted against the Board of Trade, or against any superintendent or officer employed in or about any seamen’s savings bank or about any seamen’s money order, on account of any regulations made by the Board of Trade with reference to those banks or orders, or on account of any act 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.

Section 154

Forgery of documents, &c., for purpose of obtaining money in seamen’s savings bank.

154

154.—If any person, for the purpose of obtaining, either for himself or for any other person, any money deposited in a seamen’s savings bank or any interest thereon—

(a) forges or fraudulently alters, assists in forging or fraudulently altering or procures to be forged or fraudulently altered, any 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

(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.

Section 155

Right to wages, &c. when to begin.

155

155.—A seaman’s right to wages and provisions shall be taken 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.

Section 156

Right to recover wages, and salvage not to be forfeited.

156

156.—(1) A seaman shall not by any agreement forfeit his lien on the ship, or be deprived of any remedy for the recovery of his wages, to which in the absence of the agreement he would be 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.

Section 157

Wages not to depend on freight.

157

157.—(1) The right to wages shall not depend on the earning 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 recover 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 in manner provided by this Act with respect to the wages of a seaman who dies during a voyage.

Section 158

Wages on termination of service by wreck or illness.

158

158.—Where the service of a seaman terminates before the date contemplated in the agreement, by reason of the wreck or loss of the ship, or of his being left on shore at any place abroad under 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.

Annotations

Modifications (not altering text):

C20

Application of section restricted (5.07.1930) by Merchant Shipping (International Labour Conventions) Act 1933 (29/1933), s. 1, commenced as per s. 1(4).

Amendment of Section 158 of Merchant Shipping Act, 1894.

1. (1) Where by reason of the wreck or loss of a ship on which a seaman is employed his service terminates before the date contemplated in the agreement, he shall, notwithstanding anything in section 158 of the Merchant Shipping Act, 1894, but subject to the provisions of this section, be entitled in respect of each day on which he is in fact unemployed during a period of two months from the date of the termination of the service, to receive wages at the rate to which he was entitled at that date.

(2) A seaman shall not be entitled to receive wages under this section if the owner shows that the unemployment was not due to the wreck or loss of the ship and shall not be entitled to receive wages under this section in respect of any day if the owner shows that the seaman was able to obtain suitable employment on that day.

(3) In this section the expression “seaman” includes every person employed or engaged in any capacity on board any ship, but, in the case of a ship which is a fishing boat, does not include any person who is entitled to be remunerated only by a share in the profits or the gross earnings of the working of the boat.

(4) This section shall have and be deemed to have had effect as from the fifth day of July, 1930.

Section 159

Wages not to accrue during refusal to work or imprisonment.

159

159.—A seaman or apprentice shall not be entitled to wages for any time during which he unlawfully refuses or neglects to work, when required, whether before or after the time fixed by the agreement for his commencement of such work, nor, unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offence committed by him.

Section 160

Forfeiture of wages, &c. of seaman when illness caused by his own default.

160

160.—Where a seaman is by reason of illness incapable of performing his duty, and it is proved that the illness has been caused by his own wilful act or default, he shall not be entitled to wages for the time during which he is by reason of the illness incapable of performing his duty.

Section 161

Costs of procuring punishment may be deducted from wages.

161

161.—Whenever in any proceeding relating to seamen’s wages it is shown that a seaman or apprentice has in the course of the voyage been convicted of an offence by a competent tribunal, and rightfully punished for that offence by imprisonment or otherwise, the court hearing the case may direct any part of the wages due to the seaman, not exceeding three pounds, to be applied in reimbursing any costs properly incurred by the master in procuring the conviction and punishment.

Section 162

Compensation to seamen improperly discharged.

162

162.—If a seaman, having signed an agreement, is discharged otherwise than in accordance with the terms thereof before the commencement of the voyage, or before one month’s wages are 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 compensation 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.

Section 163

Restriction on sale of, and charge upon, wages.

163

163.— (1) As respects wages due or accruing to a seaman or apprentice to the sea service—

(a) they shall not be subject to attachment or arrestment from 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.

Annotations

Modifications (not altering text):

C21

Application of subs. (1)(a)-(d) restricted (14.06.1939) by Merchant Shipping (Amendment) Act 1939 (12/1939), s. 2(4), commenced on enactment.

Contributions to superannuation funds from wages of seamen.

2.— ...

(4) Paragraphs (b) and (c) of sub-section (1) of section 163 of the Merchant Shipping Act, 1894 (which places restrictions upon certain dispositions by seamen and apprentices of their wages), shall not apply to any application under this section of wages, or of a part of any wages, in payment of contributions to a fund to which this section applies, and paragraphs (a) and (d) of the said sub-section (1) shall not apply to anything done or to be done for giving effect to such application.

Mode of recovering Wages.

Section 164

Summary proceedings for wages.

164

164.—A seaman or apprentice to the sea service, or a person duly authorised on his behalf, may as soon as any wages due to him, not exceeding fifty pounds, become payable, sue for the same before a court 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.

Section 165

Restrictions on suits for wages.

165

165.—A proceeding for the recovery of wages not exceeding fifty pounds shall not be instituted by or on behalf of any seaman 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.

Section 166

Wages not recoverable abroad in certain cases.

166

166.—(1) Where a seaman is engaged for a voyage or engagement which is to terminate in the United Kingdom, he shall not 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 compensation not exceeding twenty pounds as the court hearing the case thinks reasonable.

Section 167

Remedies of master for wages, disbursements, &c.

167

167.—(1) The master of a ship shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of his 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.

Section 168

Power of court to rescind contract between owner or master and seaman or apprentice.

168

168.—Where a proceeding is instituted in or before any court in relation to any dispute between an owner or master of a ship and a seaman or apprentice to the sea service, arising out of or incidental to their relation as such, or is instituted for the purpose of this section, the court, if, having regard to all the circumstances of the case they think it just to do so, may rescind any contract 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.

Section 169

Property of seamen who die during voyage.

169

169.—(1) If any seaman or apprentice to the sea service belonging to a British ship the voyage of which is to terminate in the United Kingdom, whether a foreign-going or a home trade ship, dies during that voyage, the master of the ship shall take charge of any money or effects belonging to the seaman or apprentice 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.

Annotations

Modifications (not altering text):

C22

Application of ss. 169-181 extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 29, commenced as per s. 86(2). Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Property of seaman dying on a ship the voyage of which does not terminate in the United Kingdom. 

29. The provisions of Part II of the principal Act, relating to the property of deceased seamen shall be extended so as to apply to seamen belonging to a British ship registered in the United Kingdom, the voyage of which is to terminate out of the United Kingdom, and in that case the British consular officer at the port at which the voyage terminates, or, if the port is in a British possession, the officer of customs there, shall exercise the same powers as he may exercise under those provisions when a ship the voyage of which is to terminate in the United Kingdom touches and remains for forty-eight hours at a port elsewhere than in the United Kingdom, and those provisions shall apply accordingly.

Section 170

Dealing with and account of property of seamen who die during voyage.

170

170.—(1) Where a seaman or apprentice dies as aforesaid and the ship before coming to a port in the United Kingdom touches and remains for forty-eight hours at some port elsewhere, the master shall report the case to the British consular officer at such port, or if the port is in a British possession, to the officer of 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 superintendent 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 payment of the property as aforesaid, the master shall, within forty-eight hours after his arrival at his port of destination in the United 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 reasonably 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.

Annotations

Modifications (not altering text):

C23

Application of ss. 169-181 extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 29, commenced as per s. 86(2). Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Property of seaman dying on a ship the voyage of which does not terminate in the United Kingdom. 

29. The provisions of Part II of the principal Act, relating to the property of deceased seamen shall be extended so as to apply to seamen belonging to a British ship registered in the United Kingdom, the voyage of which is to terminate out of the United Kingdom, and in that case the British consular officer at the port at which the voyage terminates, or, if the port is in a British possession, the officer of customs there, shall exercise the same powers as he may exercise under those provisions when a ship the voyage of which is to terminate in the United Kingdom touches and remains for forty-eight hours at a port elsewhere than in the United Kingdom, and those provisions shall apply accordingly.

Section 171

Penalty for non-compliance with provisions as to property of deceased seamen.

171

171.—(1) If the master of the ship fails to comply with the provisions of this Act with respect to taking charge of the property of a deceased seaman or apprentice, or to making in the official log-book the proper entries relating thereto, or to procuring the proper attestation of those entries as required by this Act, or to the 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.

Annotations

Modifications (not altering text):

C24

Application of ss. 169-181 extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 29, commenced as per s. 86(2). Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Property of seaman dying on a ship the voyage of which does not terminate in the United Kingdom. 

29. The provisions of Part II of the principal Act, relating to the property of deceased seamen shall be extended so as to apply to seamen belonging to a British ship registered in the United Kingdom, the voyage of which is to terminate out of the United Kingdom, and in that case the British consular officer at the port at which the voyage terminates, or, if the port is in a British possession, the officer of customs there, shall exercise the same powers as he may exercise under those provisions when a ship the voyage of which is to terminate in the United Kingdom touches and remains for forty-eight hours at a port elsewhere than in the United Kingdom, and those provisions shall apply accordingly.

Editorial Notes:

E64

A fine of £50 translates into a Class B fine, not exceeding €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 5, table ref. no. 8, S.I. No. 662 of 2010.

Section 172

Property of deceased seamen left abroad but not on board ship.

172

172.—If any seaman or apprentice to the sea service belonging to a British ship the voyage of which is to terminate in the United Kingdom, or who has within six months preceding his 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.

Annotations

Modifications (not altering text):

C25

Application of ss. 169-181 extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 29, commenced as per s. 86(2). Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Property of seaman dying on a ship the voyage of which does not terminate in the United Kingdom. 

29. The provisions of Part II of the principal Act, relating to the property of deceased seamen shall be extended so as to apply to seamen belonging to a British ship registered in the United Kingdom, the voyage of which is to terminate out of the United Kingdom, and in that case the British consular officer at the port at which the voyage terminates, or, if the port is in a British possession, the officer of customs there, shall exercise the same powers as he may exercise under those provisions when a ship the voyage of which is to terminate in the United Kingdom touches and remains for forty-eight hours at a port elsewhere than in the United Kingdom, and those provisions shall apply accordingly.

Section 173

Dealing with property of deceased seamen by officers abroad.

173

173.—(1) A chief officer of customs in a British possession and 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 which he takes charge under this Act, and the proceeds of any such sale shall be deemed to form part of the said property.

(2) Every such officer shall quarterly, or at such times as the Board of Trade require, remit the property in such manner, and shall render such accounts in respect thereof as the Board of Trade require.

Annotations

Modifications (not altering text):

C26

Application of ss. 169-181 extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 29, commenced as per s. 86(2). Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Property of seaman dying on a ship the voyage of which does not terminate in the United Kingdom. 

29. The provisions of Part II of the principal Act, relating to the property of deceased seamen shall be extended so as to apply to seamen belonging to a British ship registered in the United Kingdom, the voyage of which is to terminate out of the United Kingdom, and in that case the British consular officer at the port at which the voyage terminates, or, if the port is in a British possession, the officer of customs there, shall exercise the same powers as he may exercise under those provisions when a ship the voyage of which is to terminate in the United Kingdom touches and remains for forty-eight hours at a port elsewhere than in the United Kingdom, and those provisions shall apply accordingly.

Section 174

Recovery of wages, &c. of seamen lost with their ship.

174

174.—(1) Where a seaman or apprentice is lost with the ship to which he belongs the Board of Trade may recover the wages due to him from the owner of the ship, in the same court and in the 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.

Annotations

Modifications (not altering text):

C27

Application of ss. 169-181 extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 29, commenced as per s. 86(2). Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Property of seaman dying on a ship the voyage of which does not terminate in the United Kingdom. 

29. The provisions of Part II of the principal Act, relating to the property of deceased seamen shall be extended so as to apply to seamen belonging to a British ship registered in the United Kingdom, the voyage of which is to terminate out of the United Kingdom, and in that case the British consular officer at the port at which the voyage terminates, or, if the port is in a British possession, the officer of customs there, shall exercise the same powers as he may exercise under those provisions when a ship the voyage of which is to terminate in the United Kingdom touches and remains for forty-eight hours at a port elsewhere than in the United Kingdom, and those provisions shall apply accordingly.

Editorial Notes:

E65

Previous affecting provision: application of subss. (2), (3) extended (1.07.1907) by Workmen's Compensation Act 1906 (6 Edw. 7) c. 58, s. 7(1)(g), commenced as per s. 16(1); repealed (1.08.1934) by Workmen's Compensation Act 1934 (9/1934), s. 13(1) and sch. 1 part 1, S.I. No. 153 of 1934.

Section 175

Property of seamen dying at home.

175

175.—If a seaman or apprentice to the sea service dies in the United Kingdom, and is at the time of his death entitled to claim 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.

Annotations

Modifications (not altering text):

C28

Application of ss. 169-181 extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 29, commenced as per s. 86(2). Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Property of seaman dying on a ship the voyage of which does not terminate in the United Kingdom. 

29. The provisions of Part II of the principal Act, relating to the property of deceased seamen shall be extended so as to apply to seamen belonging to a British ship registered in the United Kingdom, the voyage of which is to terminate out of the United Kingdom, and in that case the British consular officer at the port at which the voyage terminates, or, if the port is in a British possession, the officer of customs there, shall exercise the same powers as he may exercise under those provisions when a ship the voyage of which is to terminate in the United Kingdom touches and remains for forty-eight hours at a port elsewhere than in the United Kingdom, and those provisions shall apply accordingly.

Section 176

Payment over of property of deceased seamen by Board of Trade.

176

176.—(1) Where any property of a deceased seaman or apprentice comes into the hands of the Board of Trade, or any agent of that Board, the Board of Trade, after deducting for expenses incurred in respect of that seaman or apprentice or of his property 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

(b) If the property do not exceed in value one hundred pounds, 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 representation 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.

Annotations

Modifications (not altering text):

C29

Application of subs. (1)(b) extended (10.03.1954) by Consular Conventions Act 1954 (10/1954), s. 12(1), commenced on enactment.

Powers of consuls in relation to wrecked ships and property of deceased seamen.

12. —(1) Where it appears to the Minister for Industry and Commerce that any person to whom any money or other property of a deceased seaman may be paid or delivered under paragraph (b) of subsection (1) of section 176 of the Merchant Shipping Act, 1894 (which relates to the disposal of property not exceeding one hundred pounds in value) is resident in a consular convention country, he may pay or deliver the money or property to a consular officer of that country on behalf of that person and the provisions of that section shall have effect accordingly.

...

C30

Application of ss. 169-181 extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 29, commenced as per s. 86(2). Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Property of seaman dying on a ship the voyage of which does not terminate in the United Kingdom. 

29. The provisions of Part II of the principal Act, relating to the property of deceased seamen shall be extended so as to apply to seamen belonging to a British ship registered in the United Kingdom, the voyage of which is to terminate out of the United Kingdom, and in that case the British consular officer at the port at which the voyage terminates, or, if the port is in a British possession, the officer of customs there, shall exercise the same powers as he may exercise under those provisions when a ship the voyage of which is to terminate in the United Kingdom touches and remains for forty-eight hours at a port elsewhere than in the United Kingdom, and those provisions shall apply accordingly.

Section 177

Dealing with deceased seaman’s property when leaves a ll.

177

177.—(1) Where a deceased seaman or apprentice has left a will the Board of Trade may refuse to pay or deliver the above-mentioned residue—

(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 superintendent, 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.

Annotations

Modifications (not altering text):

C31

Application of ss. 169-181 extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 29, commenced as per s. 86(2). Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Property of seaman dying on a ship the voyage of which does not terminate in the United Kingdom. 

29. The provisions of Part II of the principal Act, relating to the property of deceased seamen shall be extended so as to apply to seamen belonging to a British ship registered in the United Kingdom, the voyage of which is to terminate out of the United Kingdom, and in that case the British consular officer at the port at which the voyage terminates, or, if the port is in a British possession, the officer of customs there, shall exercise the same powers as he may exercise under those provisions when a ship the voyage of which is to terminate in the United Kingdom touches and remains for forty-eight hours at a port elsewhere than in the United Kingdom, and those provisions shall apply accordingly.

Section 178

Claims by editors.

178

178.—(1) A creditor shall not be entitled to claim from the 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, and papers relating thereto; and if by means of them the creditor 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 accordingly, so far as the property then in the hands of the Board of 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.

Annotations

Modifications (not altering text):

C32

Application of ss. 169-181 extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 29, commenced as per s. 86(2). Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Property of seaman dying on a ship the voyage of which does not terminate in the United Kingdom. 

29. The provisions of Part II of the principal Act, relating to the property of deceased seamen shall be extended so as to apply to seamen belonging to a British ship registered in the United Kingdom, the voyage of which is to terminate out of the United Kingdom, and in that case the British consular officer at the port at which the voyage terminates, or, if the port is in a British possession, the officer of customs there, shall exercise the same powers as he may exercise under those provisions when a ship the voyage of which is to terminate in the United Kingdom touches and remains for forty-eight hours at a port elsewhere than in the United Kingdom, and those provisions shall apply accordingly.

Section 179

Dealing with unclaimed property of deceased seaman.

179

179.—Where no claim to the property of a deceased seaman or apprentice received by the Board of Trade is substantiated within six years after the receipt thereof the Board may in their absolute discretion, if any subsequent claim is made, either allow or refuse the claim, and, subject to the allowance of any such claim, shall apply such property in manner provided by Part Twelve of this Act (relating to the Mercantile Marine Fund).

Annotations

Modifications (not altering text):

C33

Application of ss. 169-181 extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 29, commenced as per s. 86(2). Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Property of seaman dying on a ship the voyage of which does not terminate in the United Kingdom. 

29. The provisions of Part II of the principal Act, relating to the property of deceased seamen shall be extended so as to apply to seamen belonging to a British ship registered in the United Kingdom, the voyage of which is to terminate out of the United Kingdom, and in that case the British consular officer at the port at which the voyage terminates, or, if the port is in a British possession, the officer of customs there, shall exercise the same powers as he may exercise under those provisions when a ship the voyage of which is to terminate in the United Kingdom touches and remains for forty-eight hours at a port elsewhere than in the United Kingdom, and those provisions shall apply accordingly.

Section 180

Forgery of documents, &c., for purpose of obtaining property of deceased seamen.

180

180.—If any person, for the purpose of obtaining, either for himself or for any other person, any property of any deceased seaman or apprentice to the sea service,—

(a) forges or fraudulently alters, or assists in forging or fraudulently altering, or procures to be forged or fraudulently altered 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.

Annotations

Modifications (not altering text):

C34

Application of ss. 169-181 extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 29, commenced as per s. 86(2). Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Property of seaman dying on a ship the voyage of which does not terminate in the United Kingdom. 

29. The provisions of Part II of the principal Act, relating to the property of deceased seamen shall be extended so as to apply to seamen belonging to a British ship registered in the United Kingdom, the voyage of which is to terminate out of the United Kingdom, and in that case the British consular officer at the port at which the voyage terminates, or, if the port is in a British possession, the officer of customs there, shall exercise the same powers as he may exercise under those provisions when a ship the voyage of which is to terminate in the United Kingdom touches and remains for forty-eight hours at a port elsewhere than in the United Kingdom, and those provisions shall apply accordingly.

Section 181

Property of seamen discharged from Royal Navy.

181

181.—Where a seaman invalided or discharged from any of Her Majesty’s ships is sent home in a merchant ship, and dies during the voyage, the provisions of this Act respecting the property of deceased seamen shall apply, with this qualification, that the property shall be delivered, paid over, and disposed of in such manner as the Accountant-General of Her Majesty’s Navy directs.

Annotations

Modifications (not altering text):

C35

Application of ss. 169-181 extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 29, commenced as per s. 86(2). Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Property of seaman dying on a ship the voyage of which does not terminate in the United Kingdom. 

29. The provisions of Part II of the principal Act, relating to the property of deceased seamen shall be extended so as to apply to seamen belonging to a British ship registered in the United Kingdom, the voyage of which is to terminate out of the United Kingdom, and in that case the British consular officer at the port at which the voyage terminates, or, if the port is in a British possession, the officer of customs there, shall exercise the same powers as he may exercise under those provisions when a ship the voyage of which is to terminate in the United Kingdom touches and remains for forty-eight hours at a port elsewhere than in the United Kingdom, and those provisions shall apply accordingly.

Reimbursement of Relief to Seamen’s Families.

Section 182

Relief to seamen’s families to be chargeable on a certain proportion of their wages.

182

182.—(1) Whenever, during the absence of any seaman on a voyage, his wife, or any of his children or step-children, becomes chargeable to any union or parish in the United Kingdom, that union or parish shall be entitled to be reimbursed, out of the wages of the seaman earned during the voyage, any sums properly 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.

Section 183

Notice to owner, and enforcement of charge.

183

183.—(1) For the purpose of obtaining such reimbursement as aforesaid, the board of guardians in a poor law union in England 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.

(4) If no order for reimbursement is obtained within the period mentioned in the notice given to the owner as aforesaid, the proportion 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.

Section 184

Penalty on masters of ships leaving certain seamen in distress in the United Kingdom.

184

184.—(1) If any person being a native of any country in Asia or Africa, or of any island in the South Sea or the Pacific Ocean, or of any other country not having a consular officer in the United Kingdom, is brought to the United Kingdom in a ship, British or foreign, as a seaman, and is left in the United Kingdom, and 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 exceeding thirty pounds, unless he can show that the person left as aforesaid 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.

Annotations

Editorial Notes:

E66

A fine of £30 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.

Section 185

Relief of destitute lascars.

185

185.—(1) It shall be the duty of the Secretary of State in Council of India to take charge of and send home or otherwise 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 the board of guardians or inspector out of the revenues of India all moneys duly expended by them or him in relieving or maintaining 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 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

Section 186

Discharge of seamen in foreign countries

186

186.—F99[…]

Annotations

Amendments:

F99

Repealed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 85 and sch. 2, commenced as per s. 86(2).

Section 187

Penalty for forcing seamen on shore or leaving them behind

187

187.— F100[…]

Annotations

Amendments:

F100

Repealed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 85 and sch. 2, commenced as per s. 86(2).

Section 188

Seamen not to be discharged or left abroad unless sanction or certificate obtained

188

188.—F101[…]

Annotations

Amendments:

F101

Repealed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 85 and sch. 2, commenced as per s. 86(2).

Section 189

Accounts and payment of wages in case of seamen left abroad

189

189.—F102[…]

Annotations

Amendments:

F102

Repealed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 85 and sch. 2, commenced as per s. 86(2).

Distressed Seamen

Section 190

Regulations as to relief and maintenance of distressed seamen

190

190.—F103[…]

Annotations

Amendments:

F103

Repealed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 85 and sch. 2, commenced as per s. 86(2).

Section 191

Provisions for maintenance and relief of distressed seamen

191

191.—F104[…]

Annotations

Amendments:

F104

Repealed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 85 and sch. 2, commenced as per s. 86(2).

Section 192

Masters of ships compelled to take distressed seamen

192

192.— F105[…]

Annotations

Amendments:

F105

Repealed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 85 and sch. 2, commenced as per s. 86(2).

Section 193

Recovery of expenses of relief of distressed seamen

193

193.—F106[…]

Annotations

Amendments:

F106

Repealed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 85 and sch. 2, commenced as per s. 86(2).

Editorial Notes:

E67

Previous affecting provision: section amended (1.04.1899) by Merchant Shipping (Mercantile Marine Fund) Act 1898 (61 & 62 Vict.) c. 44, s. 8 and sch. 4, commenced as per s. 9(3); section repealed as per F-note above.

Section 194

Payment of expenses out of Mercantile Marine Fund

194

194.—F107[…]

Annotations

Amendments:

F107

Repealed (1.04.1899) by Merchant Shipping (Mercantile Marine Fund) Act 1898 (61 & 62 Vict.) c. 44, s. 8 and sch. 4, commenced as per s. 9(3).

Volunteering into the Navy.

Section 195

Seamen allowed to leave their ships in order to enter the Navy.

195

195.—(1) A seaman may leave his ship for the purpose of forthwith entering the naval service of Her Majesty, and in that case shall not by reason of so leaving his ship be deemed to have deserted therefrom, or otherwise be liable to any punishment or 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 introduced he shall for each offence be liable to a fine not exceeding twenty pounds.

Annotations

Editorial Notes:

E68

A fine of £20 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.

Section 196

Money and effects of seamen volunteering into Navy.

196

196.—(1) If a seaman, without having previously committed an act amounting to and treated by the master as desertion, leaves his ship in order to enter the naval service of Her Majesty, and is received into that service, the master shall deliver to him his effects on board the ship, and shall pay, subject to all just deductions, 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.

Annotations

Editorial Notes:

E69

A fine of £20 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.

Section 197

Wages of seamen received into Navy.

197

197.—(1) Where the wages of a seaman received into Her Majesty’s naval service are paid in money, the money shall be credited in the ship’s ledger to the account of the seaman.

(2) Where the wages are paid by bill, the bill shall be noted in the ship’s ledger, and sent to the Accountant-General of the Navy, 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 application 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 fraudulently altering, or procures to be forged or fraudulently altered, any document; or

(b) presents or makes use of any document so forged or fraudulently 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 misdemeanor.

Provisions, Health, and Accommodation.

Section 198

Complaints as to provisions or water.

198

198.—(1) If three or more of the crew of a British ship consider that the provisions or water for the use of the crew are at 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.

Annotations

Editorial Notes:

E70

A fine of £20 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.

Section 199

Allowance for short or bad provisions.

199

199.—F108[…]

Annotations

Amendments:

F108

Repealed (20.08.2014) by Merchant Shipping (Maritime Labour Convention) (Accommodation, Recreational Facilities, Food, Catering and Ships Cooks) Regulations 2014 (S.I. No. 374 of 2014), reg. 34(a), in effect as per reg. 1(2).

Editorial Notes:

E71

Previous affecting provision: application of section extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 25, commenced as per s. 86(2); section repealed as per F-note above.

Section 200

Regulations respecting medicines, anti-scorbutics, &c.

200

200.—(1) The Board of Trade shall issue scales of medicines and medical stores suitable for different classes of ships and voyages, and shall also prepare or sanction books containing instructions for 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 according 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 provision 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, 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.

(7) If any person manufactures, sells, or keeps, or offers for sale 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.

Annotations

Editorial Notes:

E72

A fine of £20 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.

E73

A fine of £5 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Section 201

Weights and measures on board.

201

201.—(1) The master of a ship shall keep on board proper weights and measures for determining the quantities of the several 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.

(2) If the master 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.

Annotations

Editorial Notes:

E74

A fine of £10 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Section 202

Inspection of medicines, medical stores, and anti-scorbutics.

202

202.—(1) It shall be the duty of the medical inspector of ships for the port appointed under this Part of this Act to inspect the medicines, medical stores, and anti-scorbutics with which a ship is required by this Part of this Act to be provided.

(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, or 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.

Annotations

Editorial Notes:

E75

A fine of £20 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.

Section 203

Medical inspection of seamen.

203

203.—(1) A medical inspector of seamen appointed under this Part of this Act shall, on application by the owner or master of any ship, examine any seaman applying for employment in that 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.

(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.

Section 204

Appointment of medical inspectors.

204

204.—(1) The local marine board at a port may, upon being required by the Board of Trade to do so, appoint and remove a medical inspector of ships for the port, 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 may 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.

Section 205

Appointment of medical inspector, and regulations as to supply of anti-scorbutics in colonies.

205

205.—The governor of a British possession shall have the power in that possession—

(a) of appointing medical inspectors of seamen, of charging fees for medical examinations by those inspectors, and of determining 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 accordance with those regulations shall be deemed to be fit and proper for the use of ships.

Section 206

Inspection of provisions and water for crew of certain ships.

206

206.—(1) In the case of ships trading or going from any port of the United Kingdom through the Suez Canal, or round the Cape of Good Hope or Cape Horn, the barrels of beef and pork, the 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.

(5) The Board of Trade may appoint officers for the purposes of 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.

Annotations

Modifications (not altering text):

C36

Inspection powers of authorised officers extended (1.01.1954) by Health Act 1953 (26/1953), s. 68(1), S.I. No. 377 of 1953.

Inspection of provisions and water for crew of Irish ships.

68. (1) An authorised officer may, as respects an Irish ship, carry out any inspection under section 206 of the Merchant Shipping Act, 1894 , or section 26 of the Merchant Shipping Act, 1906 , in like manner and with the like powers as if he had been duly appointed under the said section 206.

...

C37

Powers of inspecting officer extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 26(1), commenced as per s. 86(2). A fine of £100 translates into a Class A fine, not exceeding €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 4, table ref. no. 8, S.I. No. 662 of 2010. A fine of £10 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Inspection of provisions and water.

26.—(1) An inspecting officer appointed under section two hundred and six of the principal Act may inspect (either on board the ship or before shipment) any provisions or water intended for the use of the crew of any British ship which is going from any port in the United Kingdom and for which an agreement with the crew is required under the Merchant Shipping Acts (other than provisions provided by the crew themselves), and if he finds that the provisions or water are in any respect deficient in quality, the ship shall be detained until the defects are remedied to his satisfaction:

Provided that any inspection of provisions or water under this section shall be made before shipment whenever practicable, and, if the master, owner, or agent of a ship gives notice to the inspecting officer that any provisions or water for the ship are ready for inspection, the inspecting officer shall not have power to inspect any such provisions or water under this section if they are at a convenient place for inspection, except within forty-eight hours after the notice is given, without prejudice to the power of the inspecting officer to inspect any provisions or water not specified in the notice or without unnecessarily delaying the ship to proceed on board the ship in order to satisfy himself that there has been no evasion of the requirements of this section by the substitution of other provisions or water for those which have been inspected on shore or specified in a notice as being the provisions or water for the ship, or otherwise.

(2) Where any provisions or water are found deficient in quality under this section, the master of the ship shall be liable on summary conviction to a fine not exceeding a hundred pounds, unless the court before which the case is tried think that the finding of the inspecting officer was not justified; but if the master of the ship shows to the satisfaction of the court that the responsibility for the defects in the provisions or water rests either with the owner of the ship, or any agent of the owner of the ship, or with the person who has supplied the provisions or water, that agent, owner, or person shall be liable to conviction for the offence instead of the master, and the master shall be exempt.

(3) The master of the ship and any other person having charge of any provisions or water liable to inspection under this section shall give the inspecting officer every reasonable facility for the purpose of his inspection under this section, and, if he refuses or fails to do so shall be liable for each offence on summary conviction to a fine not exceeding ten pounds.

Section 207

Expenses of medical attendance in case of illness.

207

207.—F109[…]

Annotations

Amendments:

F109

Repealed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 85 and sch. 2, commenced as per s. 86(2).

Section 208

Recovery of expenses from owner.

208

208.—F110[…]

Annotations

Amendments:

F110

Repealed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 85 and sch. 2, commenced as per s. 86(2).

Section 209

Certain ships to carry medical practitioners.

209

209.—(1) Every foreign-going ship, having one hundred persons or upwards on board, shall carry on board as part of her complement some duly qualified medical practitioner, and if she does not the owner shall for every voyage of the ship made without a duly qualified medical practitioner be liable to a 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.

Annotations

Editorial Notes:

E76

A fine of £100 translates into a Class A fine, not exceeding €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 4, table ref. no. 8, S.I. No. 662 of 2010.

Section 210

ccommodation for seamen.

210

210.—(1) Every place in any British ship occupied by seamen or apprentices, and appropriated to their use, shall have for each of 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 regulations 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.

Annotations

Modifications (not altering text):

C38

Reference to space provided to crew in subs. (1) construed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 64(1), commenced as per s. 86(2).

Increase of crew space

64. —(1) Subsection (1) of section two hundred and ten of the principal Act (which provides for the space required for each seaman or apprentice in any place in a British ship occupied by seamen or apprentices and appropriated to their use) shall be construed as if a space of not less than one hundred and twenty cubic feet and of not less than fifteen superficial feet measured on the deck or floor of that place were substituted for 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.

...

Editorial Notes:

E77

A fine of £20 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.

E78

Power pursuant to section exercised (15.12.2010) by Merchant Shipping (Fees) Order 2010 (S.I. No. 594 of 2010), in effect as per art. 1(2)

Facilities for making Complaint.

Section 211

Facilities for making complaint.

211

211.—(1) If a seaman or apprentice whilst on board ship states to the master of the ship his desire to make a complaint to a 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

(b) if the ship is not then at such a place, after her first arrival 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 of such officer, so that he may be enabled to make his complaint.

(2) If the master 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.

Annotations

Editorial Notes:

E79

A fine of £10 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Protection of Seamen from Imposition.

Section 212

Assignment or sale of salvage invalid.

212

212.—Subject to the provisions of this Act an assignment or sale of salvage payable to a seaman or apprentice to the sea service 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.

Section 213

No debt exceeding 5s. recoverable till end of voyage.

213

213.—A debt exceeding in amount five shillings incurred by any seaman after he is engaged to serve shall not be recoverable until the service agreed for is concluded.

Section 214

Seamen’s lodging-houses.

30 & 31 Vict. c. 101.

41 & 42 Vict. c. 52.

214

214.—(1) A local authority herein-after mentioned whose district includes a seaport may, with the approval of the Board of 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 pursuance 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.

(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 Acts, and in Scotland the local authority under the Public Health (Scotland) Act, 1867, and the Acts amending the same, and in Ireland the local authority under the Public Health (Ireland) Act, 1878, and the expression “ district ” means the area under the authority of such local authority.

Annotations

Modifications (not altering text):

C39

Reference to the London Gazette construed (23.12.1927) by Merchant Shipping Act, 1894, Adaptation (No. 2) Order 1927 (S.R. & O. No. 106 of 1927), art. 3.

3. The references to the London Gazette contained in the Merchant Shipping Act, 1894 (other than the reference thereto contained in subsection (2) of section 738 and the reference thereto contained in section 740 of the said Act) shall be construed as references to the Iris Oifigiúil and the said Act shall have effect accordingly.

Editorial Notes:

E80

A fine of £50 translates into a Class B fine, not exceeding €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 5, table ref. no. 8, S.I. No. 662 of 2010.

E81

A fine of £100 translates into a Class A fine, not exceeding €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 4, table ref. no. 8, S.I. No. 662 of 2010.

Section 215

Penalty for overcharges by lodging-house keepers.

215

215.—If a person demands or receives from a seaman or apprentice to the sea service payment in respect of his board or 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.

Annotations

Editorial Notes:

E82

A fine of £10 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Section 216

Penalty for detaining seamen’s effects.

216

216.—(1) If a person receives or takes into his possession or under his control any money or effects of a seaman or apprentice 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 seaman or apprentice.

Annotations

Editorial Notes:

E83

A fine of £10 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Section 217

Penalty for solicitations by lodging-house keepers.

217

217.—If within twenty-four hours after the arrival of a ship at a port in the United Kingdom, a person then being on board the 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 liable to a fine not exceeding five pounds.

Annotations

Editorial Notes:

E84

A fine of £5 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Section 218

Penalty for being on board ship without permission before seamen leave.

218

218.—Where a ship is about to arrive, is arriving, or has arrived at the end of her voyage, and any person, not being in Her Majesty’s service or not being duly authorised by law for the purpose,—

(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.

Annotations

Editorial Notes:

E85

A fine of £20 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.

Section 219

Application of provisions of previous section to foreign ships.

219

219.—Whenever it is made to appear to Her Majesty that the Government of a foreign country—

(a) has provided that unauthorised persons going on board British ships which are about to arrive or have arrived within its territorial jurisdiction shall be subject to provisions similar to those of the last preceding section which are applicable to 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.

Section 220

Misconduct endangering life or ship.

220

220.—F111[…]

Annotations

Amendments:

F111

Repealed (29.07.2005) by Maritime Safety Act 2005 (11/2005), s. 3 and sch., commenced as per s. 1(10).

Section 221

Desertion and absence without leave.

221

221.—If a seaman lawfully engaged, or an apprentice to the sea service, commits any of the following offences he shall be liable to be punished summarily as follows:—

(a) F112[…]

(b) If he neglects, or refuses without reasonable cause, to join his ship, or to proceed to sea in his ship, or is 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 without sufficient reason from his ship or from his duty, he shall, F113[…] 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 F113[…].

Annotations

Amendments:

F112

Deleted (16.06.1998) by Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998), s. 2(a)(i), commenced on enactment.

F113

Deleted (16.06.1998) by Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998), s. 2(a) (ii) and (iii), commenced on enactment.

Modifications (not altering text):

C40

Application of para. (b) affected (30.01.1948) by Merchant Shipping Act 1947 (46/1947), s. 6, S.I. No. 33 of 1948. A fine of £10 translates into a Class E fine, not exceeding €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 8, table ref. no. 6, S.I. No. 662 of 2010.

Fine on conviction of offence of absence without leave.

6.—A seaman who is guilty of the offence of absence without leave specified in paragraph (b) of section 221 of the Principal Act shall, without prejudice to the provisions of that paragraph, be liable on summary conviction of the offence to a fine not exceeding ten pounds.

Section 222

Conveyance of deserter on board ship.

222

222.—F114[…]

Annotations

Amendments:

F114

Repealed (16.06.1998) by Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998), s. 2(b), commenced on enactment.

Section 223

Provisions as to arrest and imprisonment applying out of the United Kingdom.

223

223.—(1) If out of the United Kingdom, either at the commencement or during the progress of any voyage, a seaman or apprentice is 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, 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 that fine shall be a bar to any action for false imprisonment in 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 absence without leave, or for having committed any other breach of discipline, and during 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.

Annotations

Editorial Notes:

E86

A fine of £20 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.

Section 224

Power of court to order offender to be taken on board ship.

224

224.—F115[…]

Annotations

Amendments:

F115

Repealed (16.06.1998) by Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998), s. 2(b), commenced on enactment.

Section 225

General offences against discipline.

225

225.—(1) If a seaman lawfully engaged or an apprentice to the sea service commits any of the following offences, in this Act referred 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 command, 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 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 commands, 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 discretion of the court, to imprisonment 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 master or owner of the ship, he shall be liable to pay to that master or owner a sum sufficient to reimburse the loss or damage; and the whole or a proportionate 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.

Annotations

Editorial Notes:

E87

Previous affecting provision: application of subs. (1)(b) extended (1.07.1915) by Merchant Shipping (Convention) Act 1914 (4 & 5 Geo. 5) c. 50, s. 12(3), commenced as per s. 29(5) but subject to second paragraph; repealed (3.11.1933) by Merchant Shipping (Safety and Load Line Conventions) Act 1933 (42/1933), s. 67(2) and sch. 2 part III, commenced on enactment.

Section 226

Summary remedies not to affect other remedies.

226

226.—Nothing in the last preceding section or in the sections relating to the offences of desertion or absence without leave shall 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.

Section 227

Penalty for false statement as to last ship or name.

227

227.—(1) If a seaman on or before being engaged wilfully and fraudulently makes a false statement of the name of his last ship 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 fine not exceeding five pounds.

(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.

Annotations

Editorial Notes:

E88

A fine of £5 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Section 228

Entry of offences in official log.

228

228.—If any offence, within the meaning of this Act, of desertion or absence without leave or against discipline 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 subsequent arrival of the ship at any port, or if she is at the time in port before her departure therefrom, either be furnished 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.

Section 229

Entries and certificates of desertion abroad.

229

229.—(1) In every case of desertion from a ship in any port abroad the master shall produce the entry of the desertion in the official log-book to the person by this Act authorised to grant 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.

Section 230

Register of deserters.

230

230.—A superintendent shall keep at his office a list of the seamen who, to the best of his knowledge and belief, have deserted or failed 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.

Section 231

Facilities for proving desertion in proceedings for forfeiture of wages.

231

231.—(1) Whenever a question arises whether the wages of any seaman or apprentice are forfeited for desertion from a ship, it shall be sufficient for the person insisting on the forfeiture to show that the seaman or apprentice was duly engaged in or belonged to the ship, and either that he left the ship before the 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.

Section 232

Application of forfeitures.

232

232.—(1) Where any wages or effects are under this Act 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.

(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.

Section 233

Decision of questions of forfeiture and deductions in suits for wages.

233

233.—Any question concerning the forfeiture of or deductions from the wages of a seaman or apprentice 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.

Section 234

Ascertainment of amount of forfeiture out of wages.

234

234.—If a seaman contracts for wages by the voyage or by the run or by the share, and not by the month or other stated period 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.

Section 235

Deduction from wages, and payments to superintendents, etc. of fines.

235

235.—F116[…]

Annotations

Amendments:

F116

Repealed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 85 and sch. 2, commenced as per s. 86(2).

Section 236

Penalty for enticing to desert and harbouring deserters.

236

236.—(1) If a person by any means whatever persuades or attempts to persuade a seaman or apprentice to neglect or refuse to join or proceed to sea in or to desert from his ship, or otherwise to absent himself from his duty, he shall for each offence in respect 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 from 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.

Annotations

Editorial Notes:

E89

A fine of £10 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

E90

A fine of £20 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.

Section 237

Penalty on stowaways, and discipline of stowaways and seamen carried under compulsion.

237

237.—(1) If a person secretes himself and goes to sea in a ship without the consent of either the owner, consignee, or master, or of a mate, or of the person in charge of the ship, or of any other person entitled to give that consent, he shall be liable to a fine not exceeding twenty pounds, or, in the discretion of the court, to 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.

Annotations

Editorial Notes:

E91

A fine of £20 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.

Section 238

Deserters from foreign ships.

238

238.—F117[…]

Annotations

Amendments:

F117

Repealed (16.06.1998) by Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998), s. 2(b), commenced on enactment.

Official Logs.

Section 239

Official logs to be kept and to be evidence.

239

239.—(1) An official log shall be kept in every ship (except ships employed exclusively in trading between ports on the coasts 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 wages 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.

Section 240

Entries required in official log-book.

240

240.—The master of a ship for which an official log is required shall enter or cause to be entered in the official log-book the following matters (that is to say,)

(1) Every conviction by a legal tribunal of a member of his crew, and the punishment inflicted:

(2) Every offence committed by a member of his crew for which 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 punishment 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 particulars:

(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 ceases 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.

Section 241

Offences in respect of official logs.

241

241.—(1) If an official log-book is not kept in the manner required by this Act, or if an entry directed by this Act to be 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.

Annotations

Editorial Notes:

E92

A fine of £5 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

E93

A fine of £30 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.

Section 242

Delivery of official logs to superintendent of mercantile marine office.

242

242.—(1) 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, whichever first happens, deliver the official log-book of the voyage to the superintendent before whom the crew is discharged.

(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.

Annotations

Editorial Notes:

E94

Previous affecting provision: application of section extended to apply to radiotelephone log-books (1.12.1983) by Merchant Shipping (Radio Installations) Rules 1983 (S.I. No. 308 of 1983), rule 15(6), in effect as per rule 1(1); revoked (1.02.1992) by Merchant Shipping (Radio Installations) Rules 1992 (S.I. No. 28 of 1992), rule 1(2), in effect as per rule 1(1).

E95

Previous affecting provision: application of section extended to apply to radiotelephone log-books (14.05.1967) by Merchant Shipping (Radio) Rules 1967 (S.I. No. 103 of 1967), rule 27(7), in effect as per rule 1(2); revoked (1.12.1983) by Merchant Shipping (Radio Installations) Rules 1983 (S.I. No. 308 of 1983), rule 1(3),in effect as per rule 1(1).

E96

Previous affecting provision: provision for section to be extended to apply to any radio log-book required to be kept under section made (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 15(5)(b), S.I. No. 338 of 1953; s. 15 substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 8(1), commenced on enactment, and does not refer to this Act.

Section 243

Official logs to be sent home in case of transfer of ship, and in case of loss.

243

243.—(1) Where by reason of transfer of ownership or change of employment of a ship, the official log ceases to be 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 the cessation, 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 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.

Annotations

Editorial Notes:

E97

A fine of £10 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Local Marine Boards.

Section 244

Continuance and constitution of local marine board.

244

244.—(1) There shall be local marine boards for carrying into effect F118[such of the provisions of this Act as relate to their powers and duties] under the superintendence of the Board of Trade at 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.

Annotations

Amendments:

F118

Substituted (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 74(2), commenced as per s. 86(2).

Section 245

Control of Board of Trade over local marine boards.

245

245.—(1) Every local marine board shall make and send to the Board of Trade such reports and returns as the Board of Trade require; and all minutes, books, and documents of, or used or kept by, any local marine board, or by any superintendent, or by any examiner or other officer or servant under the control of any 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 Marine Offices.

Section 246

Establishment and control of mercantile marine offices.

246

246.—(1) A mercantile marine office, with the requisite buildings, property, superintendents, deputies, clerks, and servants shall be maintained at every port of the United Kingdom where there is 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, F119[…] 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 F119[…] all F119[…] 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)) F119[…]

(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, F119[…].

(3) At any port at which the business of a mercantile marine office is conducted otherwise than under a local marine board, the Board of Trade may—

(a) at any time establish a mercantile marine office and for that purpose procure the requisite buildings and property, F119[…] 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 house, 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.

Annotations

Amendments:

F119

Deleted (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 85, sch. 2, commenced as per s. 86(2).

Section 247

Business of mercantile marine office.

247

247.—(1) It shall be the general business of superintendents of mercantile marine offices (in this Act referred to as superintendents)—

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.

Section 248

Embezzlement by officers of local marine boards.

24 & 25 Vict. c. 96.

248

248.—(1) A person appointed to any office or service by or under a local marine board shall be deemed to be a clerk or servant 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 same, or any part thereof, contrary to any lawful directions or instructions which he is required to obey in relation to his office or service aforesaid,

that person shall be guilty of embezzlement within the meaning of the said section sixty-eight of the Larceny Act, 1861.

(3) In any indictment under this section, it shall be sufficient to 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 board 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.

Section 249

Power to dispense with transaction of certain matters at mercantile marine offices.

249

249.—The Board of Trade may dispense with the transaction in a mercantile marine office, or before a superintendent of any matters required by this Act to be so transacted, and thereupon those matters, if otherwise duly transacted, shall be as valid as if they were transacted in such an office or before a superintendent.

Section 250

Prohibition on taking fees at mercantile marine office.

250

250.—If a superintendent, deputy, clerk, or servant, in a mercantile marine office, demands or receives save as provided by any Act, or authorised by the Board of Trade, any remuneration 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.

Annotations

Editorial Notes:

E98

A fine of £20 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.

Registration of and Returns respecting Seamen.

Section 251

Establishment of register office.

251

251.—F120[…]

Annotations

Amendments:

F120

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch. 1, commenced on enactment.

Section 252

Register of seamen.

252

252.—F121[…]

Annotations

Amendments:

F121

Repealed (22.12.1955) by Mercantile Marine Act 1955 (29/1955), s. 8 and sch.1, commenced on enactment.

Section 253

Lists of the crew.

253

253.—(1) The master—

(a) 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;

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 employment:

(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 circumstances 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 names 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 fine not exceeding five pounds.

Annotations

Editorial Notes:

E99

A fine of £5 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Section 254

Return of births and deaths in British ships.

254

254.—F122[…]

Annotations

Amendments:

F122

Repealed (5.12.2005) Civil Registration Act 2004 (3/2004) s. 4 and sch. 2, S.I. No. 764 of 2005.

Section 255

Return in case of transfer or loss of ship.

255

255.—(1) Where by reason of the transfer of ownership or change of employment of a ship the list of the crew ceases to be 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.

(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.

Annotations

Editorial Notes:

E100

A fine of £10 translates into a Class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 7, table ref. no. 8, S.I. No. 662 of 2010.

Section 256

Transmission of documents to registrar by superintendents and other officers.

1 & 2 Vict. c. 94.

40 & 41 Vict. c. 55.

256

256.—(1) All superintendents and all officers of customs shall take charge of all documents which are delivered or transmitted to or retained by them in pursuance of this Act, and shall keep them for such time (if any) as may be necessary for the purpose of settling any business arising at the place where the documents come into their hands, or for any other proper purpose, and shall, if required, produce them for any of those purposes, and shall then transmit them to the Registrar-General of Shipping and Seamen, and he shall record and preserve them, 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 documents within the meaning of the Public Record Office Acts, 1838 and 1877, and these Acts shall, where applicable, apply to those documents in all respects, as if specifically referred to therein.

Annotations

Editorial Notes:

E101

Previous affecting provision: application of section extended to apply to radiotelephone log-books (1.12.1983) by Merchant Shipping (Radio Installations) Rules 1983 (S.I. No. 308 of 1983), rule 15(6), in effect as per rule 1(1); revoked (1.02.1992) by Merchant Shipping (Radio Installations) Rules 1992 (S.I. No. 28 of 1992), rule 1(2), in effect as per rule 1(1).

E102

Previous affecting provision: application of section extended to apply to radiotelephone log-books (14.05.1967) by Merchant Shipping (Radio) Rules 1967 (S.I. No. 103 of 1967), rule 27(7), in effect as per rule 1(2); revoked (1.12.1983) by Merchant Shipping (Radio Installations) Rules 1983 (S.I. No. 308 of 1983), rule 1(3),in effect as per rule 1(1).

E103

Previous affecting provision: provision for section to be extended to apply to any radio log-book required to be kept under section made (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 15(5)(b), S.I. No. 338 of 1953; s. 15 substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 8(1), commenced on enactment, and does not refer to this Act.

Section 257

Deposit of documents at foreign ports and in colonies.

257

257.—(1) Whenever a ship, in whatever part of Her Majesty’s dominions it is registered (except a ship whose business for the 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 agreement are required by this Act shall make the same, and 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 he can collect regarding the neglect or transgression, to the Registrar-General of Shipping and Seamen:

(4) If the master of a ship fails without reasonable cause to 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.

Annotations

Editorial Notes:

E104

A fine of £20 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 8, S.I. No. 662 of 2010.

Section 258

Documents to be handed over to successor on change of master.

258

258.—If during the progress of a voyage the master is removed, or superseded, or for any other reason quits the ship, and is succeeded in the command by some other person, he shall deliver to his successor the various documents relating to the navigation of the ship and to the crew thereof which are in his custody, and if he fails without reasonable cause so to do, he shall be liable 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.

Annotations

Editorial Notes:

E105

A fine of £100 translates into a Class A fine, not exceeding €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 4, table ref. no. 8, S.I. No. 662 of 2010.

E106

Previous affecting provision: application of section extended (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 32(5), S.I. No. 338 of 1953; repealed (4.10.1968) by Merchant Shipping (Load Lines) Act 1968 (17/1968), s. 31(1) and sch., S.I. No. 206 of 1968.

Sites for Sailors Homes.

Section 259

Corporations, &c. may grant sites for sailors homes.

259

259.—The corporation of a municipal borough, being a port in the United Kingdom, and any body corporate, association, or trustees in any such port, existing or constituted for any public 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 Government Board, appropriate any land vested in them or in the 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.

Section 260

Application of Part II. to ships registered in the United Kingdom.

260

260.—This Part of this Act shall, unless the context or subject-matter requires a different application, apply to all sea-going ships registered in the United Kingdom, and to the owners, masters, and crews of such ships subject as herein-after provided with respect to—

(a) ships belonging to any of the three general lighthouse authorities;

(b) pleasure yachts; and

(c) fishing boats.

Annotations

Modifications (not altering text):

C41

Application of Part II extended for purposes of ss. 260-266 (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 49(3), commenced as per s. 86(2). "This Part" referred to below is Part IV (ss. 28-49), Provisions as to Relief and Repatriation of Distressed Seamen, and Seamen left behind Abroad. Note effects of Merchant Shipping Act 1906 Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Definitions of "proper authority" and "seamen"

49.- ...

(3) The provisions of this Part of this Act shall, for the purpose of sections two hundred and sixty to two hundred and sixty-six of the Principal Act (which relate to the application of Part II of that Act), be construed as if they were contained in Part II of that Act.

Section 261

Application of Part II. to ships registered elsewhere than in the United Kingdom.

261

261.—This Part of this Act shall, unless the context or subject-matter requires a different application, apply to all sea-going British ships registered out of the United Kingdom, and to the owners, masters, and crews thereof as follows; (that is to say,)

(a) The provisions relating to the shipping and discharge of seamen in the United Kingdom and to volunteering into the Navy shall apply in every case;

(b) The provisions relating to lists of the crew and to the property 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 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.

Annotations

Modifications (not altering text):

C42

Application of Part extended for purposes of ss. 260-266 (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 49(3), commenced as per s. 86(2). "This Part" referred to below is Part IV (ss. 28-49), Provisions as to Relief and Repatriation of Distressed Seamen, and Seamen left behind Abroad. Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Definitions of "proper authority" and "seamen"

49. ...

(3) The provisions of this Part of this Act shall, for the purpose of sections two hundred and sixty to two hundred and sixty-six of the Principal Act (which relate to the application of Part II of that Act), be construed as if they were contained in Part II of that Act.

Section 262

Partial application of Part II. to ships of lighthouse authorities and pleasure yachts.

262

262.—The following provisions of this Part of this Act shall not apply to ships belonging to the three general lighthouse authorities or to pleasure yachts, or to the owners, masters, and crews thereof, namely, the provisions relating to—

(a) the requirement of officers to hold certificates of competency, 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 stipulations in the agreement;

(i) the delivery of documents at ports abroad to consular or customs officers; or

(j) official log books.

Annotations

Modifications (not altering text):

C43

Application of Part extended for purposes of ss. 260-266 (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 49(3), commenced as per s. 86(2). "This Part" referred to below is Part IV (ss. 28-49), Provisions as to Relief and Repatriation of Distressed Seamen, and Seamen left behind Abroad. Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Definitions of "proper authority" and "seamen"

49. ...

(3) The provisions of this Part of this Act shall, for the purpose of sections two hundred and sixty to two hundred and sixty-six of the Principal Act (which relate to the application of Part II of that Act), be construed as if they were contained in Part II of that Act.

Section 263

Partial application of Part II. to fishing boats.

263

263.—(1) This Part of this Act (except the provisions thereof relating to the transmission and delivery of lists of crews, volunteering into the Navy, and the property of deceased seamen) shall not, subject as herein-after provided F123[…] 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 relating to—

(a) apprenticeships to the sea service;

(b) compulsory agreements with the crew;

(c) the alteration, falsification, or posting up of copies of agreements 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

(i) the sections constituting the offences of desertion, absence without leave, and offences against discipline;

shall not, F123[…], 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) F123[…]

Annotations

Amendments:

F123

Deleted (1.10.1920) by Merchant Shipping (Scottish Fishing Boats) Act 1920 (10 & 11 Geo. 5) c. 39, s. 1(3) and sch., commenced as per s. 2(2). 

Modifications (not altering text):

C44

Application of Part extended for purposes of ss. 260-266 (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 49(3), commenced as per s. 86(2). "This Part" referred to below is Part IV (ss. 28-49), Provisions as to Relief and Repatriation of Distressed Seamen, and Seamen left behind Abroad. Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Definitions of "proper authority" and "seamen"

49. ...

(3) The provisions of this Part of this Act shall, for the purpose of sections two hundred and sixty to two hundred and sixty-six of the Principal Act (which relate to the application of Part II of that Act), be construed as if they were contained in Part II of that Act.

Section 264

Application of Part II. to colony by colonial legislatures.

264

264.— If the legislature of a British possession, by any law, apply or adapt to any British ships registered at, trading with, or being at, any port in that possession, and to the owners, masters, and crews of those ships, any provisions of this Part of this Act which do not otherwise so apply, such law shall have effect throughout Her Majesty dominions, and in all places where Her Majesty has jurisdiction in the same manner as if it were enacted in this Act.

Annotations

Modifications (not altering text):

C45

Application of Part extended for purposes of ss. 260-266 (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 49(3), commenced as per s. 86(2). "This Part" referred to below is Part IV (ss. 28-49), Provisions as to Relief and Repatriation of Distressed Seamen, and Seamen left behind Abroad. Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Definitions of "proper authority" and "seamen"

49. ...

(3) The provisions of this Part of this Act shall, for the purpose of sections two hundred and sixty to two hundred and sixty-six of the Principal Act (which relate to the application of Part II of that Act), be construed as if they were contained in Part II of that Act.

Section 265

Conflict of laws.

265

265.—Where in any matter relating to a ship or to a person belonging to a ship there appears to be a conflict of laws, then, if there is in this Part of this Act any provision on the subject which is hereby expressly made to extend to that ship, the case shall be governed by that provision; but if there is no such provision, the case shall be governed by the law of the port at which the ship is registered.

Annotations

Modifications (not altering text):

C46

Application of Part extended for purposes of ss. 260-266 (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 49(3), commenced as per s. 86(2). "This Part" referred to below is Part IV (ss. 28-49), Provisions as to Relief and Repatriation of Distressed Seamen, and Seamen left behind Abroad. Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Definitions of "proper authority" and "seamen"

49. ...

(3) The provisions of this Part of this Act shall, for the purpose of sections two hundred and sixty to two hundred and sixty-six of the Principal Act (which relate to the application of Part II of that Act), be construed as if they were contained in Part II of that Act.

Section 266

Unregistered ship deemed to be registered in United Kingdom for certain purposes.

266

266.—This Part of this Act shall apply to an unregistered British ship which ought to have been registered under this Act, as if such ship had been registered in the United Kingdom.

Annotations

Modifications (not altering text):

C47

Application of Part extended for purposes of ss. 260-266 (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 49(3), commenced as per s. 86(2). "This Part" referred to below is Part IV (ss. 28-49), Provisions as to Relief and Repatriation of Distressed Seamen, and Seamen left behind Abroad. Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).

Definitions of "proper authority" and "seamen"

49. ...

(3) The provisions of this Part of this Act shall, for the purpose of sections two hundred and sixty to two hundred and sixty-six of the Principal Act (which relate to the application of Part II of that Act), be construed as if they were contained in Part II of that Act.

Part III.

PASSENGER AND EMIGRANT SHIPS.

1.—Definitions.

Definition of Passenger Steamer and Passenger.

Annotations

Modifications (not altering text):

C48

Definition of passenger amended (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 43(1), S.I. No. 338 of 1953.

Definition of “passenger” and “passenger steamer.”

43.—(1) In Part III of the Principal Act and in this Act, the expression “passenger” means any person carried in a ship, except—

(a) a person employed or engaged in any capacity on board the ship on the business of the ship,

(b) a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstance that neither the master nor the owner nor the charterer (if any) could have prevented or forestalled, and

(c) a child under one year of age.

...

C49

Application of Part extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, ss. 15, 23, commenced as per s. 86(2).

Passengers landed or embarked by means of tenders.

15.—Where a passenger steamer takes on board passengers from a tender, or lands passengers by means of a tender, she shall be deemed to be taking the passengers on board from, or landing the passengers at, the port from or to which the tender comes or goes, and passengers conveyed in a tender to or from a ship from or to a place in the United Kingdom shall for the purposes of Part III. of the principal Act, and for the purposes of any returns to be made under the Merchant Shipping Acts, be deemed to be passengers carried from or to a place in the United Kingdom.

...

Sale of steerage passages.

23. The provisions of Part III. of the principal Act, relating to passage brokers, shall apply to any person who at any place in the British Islands sells or lets, or agrees to sell or let, or is anywise concerned in the sale or letting of, steerage passages from any place in Europe not within the Mediterranean Sea.

Section 267

Definition of “passenger” and “passenger steamer.”

267

267.— For the purposes of this Part of this Act—

F124[…]

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) F125[…].

Annotations

Amendments:

F124

Repealed (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 8 and sch. 1, S.I. No. 338 of 1953.

F125

Deleted (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 85 and sch. 2, commenced as per s. 86(2).

Modifications (not altering text):

C50

References to passenger steamer construed (14.05.1967) by Merchant Shipping Act 1966 (20/1966), s. 19(2), S.I. No. 54 of 1967.

Amendment of section 271 of Merchant Shipping Act, 1894.

19.— ...

(2) References in the Merchant Shipping Acts to a passenger steamer shall be construed as including any ship while on or about to proceed on a voyage or excursion in any case where a passenger steamer's certificate is required to be in force in respect of her.

C51

Definition of "passenger steamer" construed (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 13, commenced as per s. 86(2).

Inclusion of foreign steam-ships as passenger steamers.

13. the definition of "passenger steamer" in section two hundred and sixty-seven of the principal Act shall be amended so as to include every foreign steamship (whether originally proceeding from a port in the United Kingdom or from a port out of the United Kingdom) which carries passengers to or from any place, or between any places, in the United Kingdom.

Editorial Notes:

E107

Previous affecting provision: section amended (1.01.1934) by Merchant Shipping (Safety and Load Line Conventions) Act 1933 (42/1933), s. 32, S.I. 174 of 1933; definition of "passenger" deleted as per F-note above.

Definition of Emigrant Ship, &c.

Section 268

“Emigrant ship,” &c. to which Part applies.

268

268.—For the purposes of this Part of this Act, unless the context otherwise requires—

(1) The expression “ emigrant ship ” shall mean every sea-going ship, whether British or foreign, and whether or not conveying 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 a ship which, having proceeded from a port outside the British Islands, takes on board at any port in the British Islands such number of steerage passengers whether British subjects or aliens resident in the British Islands, as would, either with or without the steerage passengers 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;

F126[(3) The expression 'steerage passenger' means all passengers except cabin passengers, and persons shall not be deemed cabin passengers unless—

(a) the space allotted to their exclusive use is in the proportion of at least thirty-six superficial feet to each statute adult; and

(b) the fare contracted to be paid by them amounts to at least the sum of twenty-five pounds for the entire voyage or is in the proportion of at least sixty-five shillings for every thousand miles of the length of the voyage; and

(c) 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 and include the deck next beneath the upper passenger deck not being an orlop deck.

Annotations

Amendments:

F126

Subs. (3) substituted (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 14, commenced as per s. 86(2).

Section 269

Scale for determining length of voyages.

269

269.—For the purpose of this Part of this Act the length of the voyage of an emigrant ship from the British Islands to any port elsewhere shall be determined by such of the scales fixed by the Board of Trade as is applicable thereto, and the Board of Trade may fix the scales by notice published in the London Gazette, and may fix such different lengths of voyage as they think reasonable for different descriptions of ships.

Annotations

Modifications (not altering text):

C52

Reference to the London Gazette construed (23.12.1927) by Merchant Shipping Act, 1894, Adaptation (No. 2) Order 1927 (S.R. & O. No. 106 of 1927), art. 3.

3. The references to the London Gazette contained in the Merchant Shipping Act, 1894 (other than the reference thereto contained in subsection (2) of section 738 and the reference thereto contained in section 740 of the said Act) shall be construed as references to the Iris Oifigiúil and the said Act shall have effect accordingly.

Section 270

Definition of colonial voyage.

270

270.—For the purposes of this Part of this Act a colonial voyage means a voyage from any port in a British possession, other than 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.

Section 271

Annual survey of passenger steamers.

271

271.—F127[(1) Every passenger steamer which carries more than twelve passengers shall be surveyed once at least in each year in the manner provided in this Part of this Act; and no ship (other than a steam ferry boat working in chains) shall proceed to sea or on any voyage or excursion with more than twelve passengers on board, unless there is in force in respect of the ship a certificate as to survey under this Part of this Act, applicable to the voyage or excursion on which the ship is about to proceed, or that voyage or excursion is one in respect of which the Minister for Transport and Power has exempted the ship from the requirements of this subsection.]

(a) be surveyed once at least in each year in the manner provided 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 F128[ unless the voyage or excursion on which she is about to proceed is one in respect of which she has been exempted as aforesaid].

(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.

Annotations

Amendments:

F127

Substituted (14.05.1967) by Merchant Shipping Act 1966 (20/1966), s. 19(1), S.I. No. 54 of 1967.

F128

Inserted (14.05.1967) by Merchant Shipping Act 1966 (20/1966), s. 19(1), S.I. No. 54 of 1967.

F129

Repealed by Merchant Shipping Act 1992 (2/1992), s. 4 and sch., not commenced as of date of revision.

C53

Prospective affecting provision: section repealed by Merchant Shipping Act 1992 (2/1992), s. 4 and sch., not commenced as of date of revision.

271.—F129[…]

C54

Application of section restricted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 51(3)(a), commenced on enactment.

Application (Chapter 5).

51.— ...

(3) The following provisions of the Merchant Shipping Acts do not apply to a vessel’s tender, namely—

(a) section 271 of the Principal Act,

...

Modifications (not altering text):

C55

Reference to survey in subs. (1)(b) construed by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 10(6), as substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 7, commenced on enactment.

Construction rules

[10.— ...

(6) Any survey carried out on a steamer to which this section applies in accordance with rules made under subsection (1)(b) is a survey for the purpose of sections 271(1) and 272 of the Principal Act.

…]

C56

Subs. (2) construed (15.01.1983) by Merchant Shipping Act 1981 (33/1981), s. 7, S.I. No. 13 of 1983; repealed by Merchant Shipping Act 1992 (2/1992), s. 4(1) and sch., not commenced as of date of revision.

Amendment of section 271 (2) of Principal Act.

7.—Section 271 (2) of the Principal Act shall be construed and have effect as if the reference therein to the proper officer of customs included a reference to a member of the Garda Síochána.

C57

Application of section restricted (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 29, S.I. No. 338 of 1953.

Modified survey of passenger steamers holding Convention certificates.

29.—(1) Where an accepted Safety Convention certificate is produced in respect of a Safety Convention passenger steamer not registered in the State—

(a) the steamer shall not be required to be surveyed under the Merchant Shipping Acts by a surveyor of ships except for the purpose of determining the number of passengers that she is fit to carry;

(b) on receipt of any declaration of survey for the purpose aforesaid, the Minister shall issue a certificate under section 274 of the Principal Act containing only a statement of the particulars set out in paragraph (b) of that section (which relates to the said number of passengers), and a certificate so issued shall have effect as a passenger steamer's certificate.

(2) Where there is produced in respect of any such passenger steamer as aforesaid an accepted Safety Convention certificate, and also a certificate issued by or under the authority of the government of the country in which the steamer is registered showing the number of passengers that the steamer is fit to carry, and the Minister is satisfied that that number has been determined substantially in the same manner as in the case of a passenger steamer registered in the State, he may if he thinks fit dispense with any survey of the steamer for the purpose of determining the number of passengers that she is fit to carry and direct that the last-mentioned certificate shall have effect as a passenger steamer's certificate.

Section 272

Mode of survey and declaration of survey.

272

272.—(1) The owner of every passenger steamer shall cause the same to be surveyed by a shipwright surveyor of ships and an engineer surveyor of ships F130[and, in the case of a sea-going passenger steamer required to be provided with a F130[radiocommunications installation], by a radio surveyor], the shipwright surveyor being, in the 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) F132[…]—

(a) F132[…]

(b) F132[…]

(c) F132[…]

(d) F133[…]

(e) F132[…]

(f) F132[…]

(4) F134[…]

(a) F134[…]

(b) F134[…]

(c) F134[…]

(d) F134[…]

(e) F133[…]

(f) F134[…]

Annotations

Amendments:

F130

Inserted (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), ss. 17(1), 47(4), S.I. No. 338 of 1953. 

F131

Substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 8(2)(b), commenced on enactment. 

F132

Repealed (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), ss. 8, 27(1) and sch. 1, S.I. No. 338 of 1953.

F133

Repealed (1.01.1934) by Merchant Shipping (Safety and Load Line Conventions) Act 1933 (42/1933), s. 36(2) and sch. 2 part 1, S.I. No. 174 of 1933.

F134

Repealed (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 8, s. 27(1) and sch. 1, S.I. No. 338 of 1953.

F135

Repealed by Merchant Shipping Act 1992 (2/1992), s. 4 and sch., not commenced as of date of revision.

Modifications (not altering text):

C58

Prospective affecting provision: section repealed by Merchant Shipping Act 1992 (2/1992), s. 4 and sch., not commenced as of date of revision.

272. — F135[…]

C59

Reference to survey construed by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 10(6), as substituted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 7, commenced on enactment.

Construction rules

[10.— ...

(6) Any survey carried out on a steamer to which this section applies in accordance with rules made under subsection (1)(b) is a survey for the purpose of sections 271(1) and 272 of the Principal Act.

…]

C60

Application of subs. (2) extended (19.11.1953) by Merchant Shipping (Safety Convention) Act 1952 (29/1952), s. 27(2), S.I. No. 338 of 1953.

Miscellaneous provisions as to surveys and certificates.

27.— ...

(2) Subsection (2) of section 272 of the Principal Act (which requires a surveyor to deliver declarations of survey to the owner of a ship), section 273 of that Act (which requires the owner to deliver the declaration to the Minister) and section 275 of that Act (which relates to appeals to the court of survey) shall apply to surveys for the purpose of the issue of any certificate in respect of a ship under this Act as they apply to surveys for the purpose of the issue of passenger steamers' certificates.

...

Editorial Notes:

E108

Previous affecting provisions: alternate particulars to those in subss. (3)(d), (4)(e) specified (1.01.1934) by Merchant Shipping (Safety and Load Line Conventions) Act 1933 (42/1933), s. 2(1), (2), S.I. No. 174 of 1933; subsections repealed as per F-notes above.

E109