Merchant Shipping Act 1894

Evidence of bond.

310

310.(1) Where an emigrant ship is bound to a British possession the chief officer of customs at the port of clearance shall certify on one part of the master’s bond that it has been duly executed by the master of the ship and the other person bound, and shall forward the same to the governor of the said possession or to such person as the governor may appoint for that purpose.

(2) The certificate shall, in any court of a British possession in which the bond may be put in suit, be conclusive evidence of the due execution of the bond by the master and the other person bound, and it shall not be necessary to prove the handwriting of the officer of customs who signed the certificate, nor that he was at the time of signing it chief officer of customs at the port of clearance.

(3) Any such bond shall not be put in suit in a British possession after the expiration of three months next after the arrival of the ship in that possession, nor in the British Islands after the expiration of twelve months next after the return of the ship and of the master to the British Islands.

Annotations:

Modifications (not altering text):

C98

Application of subs. (3) modified (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 20(3), commenced as per s. 86(2).

Power to allow continuing master's bond.

20.— ...

(2) The Board of Trade may make regulations for the purpose of adapting the provisions of sections three hundred and nine and three hundred and ten of the principal Act to the case of a continuing bond, and for prescribing the conditions under which continuing bonds may be allowed in the case “of any ship“.

(3) Subsection (3) of section three hundred and ten of the principal Act shall have effect with respect to every voyage of the ship during the continuance of the bond, and references to the arrival of the ship and the return of the ship shall be construed as references to the arrival of the ship and the return of the ship after any voyage, so far as respects matters happening during or in connection with the voyage.

Editorial Notes:

E155

The Board of Trade made regulations and prescribed forms and conditions for continuing bonds (2.09.1911) by Merchant Shipping - 3. Passenger and Emigrant Ships - Master's Continuing Bonds (S.R. & O. No. 877 of 1911, p. 244).