Merchant Shipping Act 1894

Ship’s draught of water to be recorded.

436

436.(1) The Board of Trade may, in any case or class of cases in which they think it expedient to do so, direct any person appointed by them for the purpose, to record, in such manner and with such particulars as they direct, the draught of water of any sea-going ship, as shown on the scale of feet on her stem and stern post, and the extent of herF177[free board] in feet and inches, upon her leaving any dock, wharf, port, or harbour for the purpose of proceeding to sea, and the person so appointed shall thereupon keep that record, and shall forward a copy thereof to the Board of Trade.

(2) That record or copy, if produced out of the custody of the Board of Trade, shall be admissible in evidence in manner provided by this Act.

(3) The master of every British sea-going ship shall, upon her leaving any dock, wharf, port, or harbour for the purpose of proceeding to sea, record her draught of water and the extent of her F177[free board] in the official log-book (if any), and shall produce the record to any chief officer of customs whenever required by him, and if he fails without reasonable cause to produce the record shall for each offence be liable to a fine not exceeding twenty pounds.

(4) The master of a sea-going ship shall, upon the request of any person appointed to record the ship’s draught of water permit that person to enter the ship and to make such inspections and take such measurements as may be requisite for the purpose of the record; and if any master fails to do so, or impedes, or suffers anyone under his control to impede, any person so appointed in the execution of his duty, he shall for each offence be liable to a fine not exceeding five pounds.

F178[(5) In this section, the expression ‘free-board’ means, in the case of any ship which is marked with a deck-line, the height from the water to the upper edge of the deck-line, and, in the case of any other ship, the height amidship from the water to the upper edge of the deck from which the depth of hold as stated in the register is measured.]

Annotations:

Amendments:

F177

Substituted (1.01.1934) by Merchant Shipping (Safety and Load Line Conventions) Act 1933 (42/1933), s. 58(1), S.I. No. 174 of 1933.

F178

Substituted (1.01.1934) by Merchant Shipping (Safety and Load Line Conventions) Act 1933 (42/1933), s. 58(3), S.I. No. 174 of 1933.

Modifications (not altering text):

C130

Application of subs. (3) restricted (4.10.1968) by Merchant Shipping (Load Lines) Act 1968 (17/1968), s. 27(4), S.I. No. 206 of 1968.

Miscellaneous supplementary provisions.

27.— ...

(4) Section 436 (3) of the Merchant Shipping Act, 1894, shall not have effect in relation to ships to which this Act applies, except any such ship which, by virtue of any order made or exemption conferred under this Act, is exempt from all the provisions of this Act.

...

Editorial Notes:

E291

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.

E292

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.

E293

Previous affecting provision: application of subs. (3) restricted (1.01.1934) by Merchant Shipping (Safety and Load Line Conventions) Act 1933 (42/1933), s. 58(2), S.I. No. 174 of 1933; repealed (4.10.1968) by Merchant Shipping (Load Lines) Act 1968 (17/1968), s. 31 and sch., S.I. No. 206 of 1968.