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APPENDIX III.

TEXT OF THE PRINCIPAL PROVISIONS OF THE MERCHANT SHIPPING ACT, 1894.

RELATING TO TONNAGE MEASUREMENT, AS AMENDED BY SUBSEQUENT ACTS.

6. Survey and measurement of ship.-Every British ship shall before registry be surveyed by a surveyor of ships, and her tonnage ascertained in accordance with the tonnage regulations of this act, and the surveyor shall grant his certificate specifying the ship's tonnage and build, and such other particulars descriptive of the identity of the ship as may for the time being be required by the Board of Trade, and such certificate shall be delivered to the registrar before registry.

7. Marking of ship.—(1) Every British ship shall, before registry, be marked permanently and conspicuously to the satisfaction of the Board of Trade, as follows:

(a) Her name shall be marked on each of her bows, and her name and the name of her port of registry must be marked on her stern, on a dark ground in white or yellow letters, or on a light ground in black letters, such letters to be of a length not less than 4 inches, and of proportionate breadth.

(6) Her official number and the number denoting her registered tonnage shall be cut in on her main beam.

(c) A scale of feet denoting her draft of water shall be marked on each side of her stem and of her stern post in Roman capital letters or in figures, not less than 6 inches in length, the lower line of such letters or figures to coincide with the draft line denoted thereby, and those letters or figures must be marked by being cut in and painted white or yellow on a dark ground, or in such other way as the Board of Trade approve.

(2) The Board of Trade may exempt any class of ships from all or any of the requirements of this section, and a fishing boat entered in the fishing-boat register, and lettered and numbered in pursuance of the fourth part of this act, need not have her name and port of registry marked under this section.

(3) If the scale of feet showing the ship's draft of water is in any respects inaccurate, so as to be likely to mislead, the owner of the ship shall be liable to a fine not exceeding £100.

(4) The marks required by this section shall be permanently continued, and no alteration shall be made therein, except in the event of any of the particulars thereby denoted being altered in the manner provided by this act.

(5) If an owner or a master of a British ship neglects to cause his ship to be marked as required by this section, or to keep her so marked, or if any person conceals, removes, alters, defaces, or obliterates, or suffers any person under his control to conceal, remove, alter, deface, or obliterate any of the said marks, except in the event aforesaid, or except for the purpose of escaping capture by an enemy, that owner, master, or person shall for each offense be liable to a fine not exceeding £100, and on a certificate from a surveyor of ships, or Board of Trade inspector under this act, that a ship is insufficiently or inaccurately marked, the ship may be detained until the insufficiency or inaccuracy has been remedied.

48. Registry of alterations.--(1) When a registered ship is so altered as not to correspond with the particulars relating to her tonnage or description contained in the register book, then, if the alteration is made at any port having a registrar, that registrar, or, if it is made elsewhere, the registrar of the first port having a registrar at which the ship arrives after the alteration, shall, on application being made to him and on receipt of a certificate from the proper surveyor stating the particulars of the alteration, either cause the alteration to be registered, or direct that the ship be registered anew.

(2) (M. S. Act, 1906, sec. 53.)If default is made in registering anew a ship, or in registering an alteration of a ship so altered as aforesaid, the owner of the ship shall be liable on summary conviction to a fine not exceeding £100, and in addition to a fine not exceeding £5 for every day during which the offense continues after conviction.

77. Rules for ascertaining register tonnage.—(1) The tonnage of every ship to be registered, with the exceptions hereinafter mentioned, shall, previously to her being registered, be ascertained by Rule I in the second schedule to this act, and the tonnage of every ship to which that Rule I can be applied, whether she is about to be registered or not, shall be ascertained by the same rulə.

(2) Ships which, requiring to be measured for any purpose other than registry, have cargo on board, and ships which, requiring to be measured for the purpose of registry, can not be measured by Rule I, shall be measured by Rule II in the said schedule, and the owner of any ship measured under Rule II may at any subsequent period apply to the Board of Trade to have the ship remeasured under Rule I, and the board may thereupon, upon payment of such fee, not exceeding 7 shillings and 6 pence for each transverse section as they may authorize, direct the ship to be remeasured accordingly, and the number denoting the register tonnage shall be altered accordingly.

(3) For the purpose of ascertaining the register tonnage of a ship the allowance and deductions hereinafter mentioned shall be made from the tonnage of the ship ascertained as aforesaid.

(4) In the measurement of a ship for the purpose of ascertaining her register tonnage, no deduction shall be allowed. in respect of any space which has not been first included in the measurement of her tonnage.

(5) In ascertaining the tonnage of open ships Rule IV in the said schedule shall be observed.

(6) Throughout the rules in the second schedule to this act, the tonnage deck shall be taken to be the upper deck in ships which have less than three decks, and to be the second deck from below in all other ships, and in carrying those rules into effect all measurements shall be taken in feet, and fractions of feet shall be expressed in decimals.

(7) The Board of Trade may make such modifications and alterations as from time to time become necessary in the rules in the second schedule to this act for the purpose of the more accurate and uniform application thereof, and the effectual carrying out of the principle of measurement therein adopted.

(8) The provisions of this act relating to tonnage, together with the rules for the time being in force, are in this act referred to as the tonnage regulations of this act.

78. Allowance for engine-room space in steamships.—(1) In the case of any ship propelled by steam or other power requiring engine room, an allowance shall be made for the space occupied by the propelling power, and the amount so allowed shall be deducted from the gross tonnage of the ship ascertained as in the last preceding section mentioned, and the remainder shall (subject to any deductions hereinafter mentioned) be deemed to be the registered tonnage of the ship, and that deduction shall be estimated as follows (that is to say):

(a) As regards ships propelled by paddle wheels in which the tonnage of the space solely occupied by and necessary for the proper working of the boilers and machinery is above 20 per cent and under 30 per cent of the gross tonnage of the ship, the deduction shall be thirtyseven one-hundredths of the gross tonnage; and in ships propelled by screws, in which the tonnage of such space is above 13 per cent and under 20 per cent of the gross tonnage, the deduction shall be thirty-two one-hundredths of the gross tonnage.

(6) As regards all other ships, the deduction shall, if the Board of Trade and the owner both agree thereto, be estimated in the same manner; but either they or he may, in their or his discretion, require the space to be measured and the deduction estimated accordingly; and whenever the measurement is so required, the deduction shall consist of the tonnage of the space actually occupied by or required to be inclosed for the proper working of the boilers and machinery, with the addition in the case of ships propelled by paddle wheels of one-half, and in the case of ships propelled by screws of three-fourths of the tonnage of the space; and in the case of ships propelled by screws, the contents of the shaft trunk shall be added to and deemed to form part of the space; and the measurement of the space shall be governed by Rule III in the second schedule to this act.

(2) Such portion of the space above the crown of the engine room and above the upper deck as is framed in for the machinery or for the admission of light and air shall not be included in the measurement of the space occupied by the propelling power, except in pursuance of a request in writing to the Board of Trade by the owner of the ship, but shall not be included in pursuance of that request unless

(a) That portion is first included in the measurement of the gross tonnage; and

(6) A surveyor of ships certifies that the portion so framed in is reasonable in extent and is so constructed as to be safe and seaworthy, and that it can not be used for any purpose other than the machinery or for the admission of light and air to the machinery or boilers of the ship.

(3) Goods or stores shall not be stowed or carried in any space measured for propelling power, and if the same are so carried in any ship, the master and owner of the ship shall each be liable to a fine not exceeding £100.

Restriction on deduction for space occupied by propelling power (M. S. Act, 1907).-1. The deduction under section 78 of the Merchant Shipping Act, 1894 (in this act referred to as “the principal act”), for the space occupied by the propelling power of a ship shall not in any case exceed 55 per cent of that portion of the tonnage of the ship which remains after deducting from the gross tonnage any deductions allowed under section 79 of the principal act: Provided that

(a) This section shall not apply to steamships constructed for the purpose of towing vessels so long as they are exclusively employed as tugs, but if and when employed for the carriage of passengers, cargoes, or stores, or using graving docks or dry docks or places provided for the • repairing of vessels the register tonnage on which dues based on register tonnage may be levied by any harbor or dock authority shall be ascertained in manner provided by the Merchant Shipping Acts, 1894 to 1906, as amended by this act; and

(6) This section shall not come into operation until the 1st day of January, 1914, in the case of the following ships (in this act referred to as existing ships), namely, ships constructed, or the construction of which has been commenced, before the 1st day of May, 1907, and ships a contract for the construction of which has been made before the 1st day of May, 1907, though the construction has not actually commenced before that date.

Provisions as to ships already registered.3. (1) Where, in ascertaining the tonnage of an existing ship, a deduction has been made for the space occupied by the propelling power of the ship greater than the maximum deduction allowed under this act, the tonnage of the ship shall, before the date on which this act comes into operation as respects that ship, be recalculated on the basis of allowing the maximum deduction under this act instead of that previously allowed, and the necessary alteration of the particulars and certificate of the registry of the ship shall be made and shall take effect on that date.

(2) The registrar of every port of registry shall make any alteration in the particulars of the registry of any ship registered at that port, which is required for the purposes of this section, and shall send notice of the alteration so made to the managing owner of the ship.

(3) The managing owner of the ship, on the receipt of any such notice of alteration, shall forthwith transmit the notice to the master of the ship, and the master of the ship on receipt

of the notice shall produce it to the registrar of the port at which the ship is when the notice is received, if that port is a port having a registrar, and if not to the registrar of the first port having a registrar at which the ship arrives after the notice is received, and the registrar shall alter the certificate of registry of the ship in accordance with the notice.

(4) If the managing owner or master of a ship fails to comply with the provisions of this section, the managing owner or master, as the case may be, shall be liable on summary conviction, in respect of each offense, to a fine not exceeding £50.

(5) The expression “managing owner" in this section includes any person registered under section 59 of the principal act in cases where there is no managing owner.

79. Deductions for ascertaining tonnage.-(1) In measuring or remeasuring a ship for the purpose of ascertaining her register tonnage, the following deductions shall be made from the space included in the measurement of the tonnage, namely:

(a) In the case of any ship

(i) Any space used exclusively for the accommodation of the master; and any space occupied by seamen or apprentices and appropriated to their use, which is certified under the regulations scheduled to this act with regard thereto;

(ii) Any space used exclusively for the working of the helm, the capstan, and the anchor gear, or for keeping the charts, signals, and other instruments of navigation, and boatswain's stores; and

(ii) The space occupied by the donkey engine and boiler, if connected with the main pumps of the ship; and

(iv) (M. S. Act, 1906, Sec. 54 (1).)—Any space (other than a double bottom) adapted only for water ballast; and

(6) In the case of a ship wholly propelled by sails, any space set apart and used exclusively for the storage of sails.

(M. S. Act, 1906, sec. 54 (2).)—For the purpose of obtaining the benefit of a deduction under (subsection (1) (a) (iv) of] this section the owner of any existing ship who claims to be entitled to the deduction may apply to the Board of Trade to have the necessary remeasurements of his ship made, and the Board of Trade, on the payment of such fee, not exceeding in any case one-fifth of the corresponding maximum fee fixed by the third schedule to the principal act, as they may authorize, shall direct those measurements to be made, and the number denoting the register tonnage shall be altered accordingly.

(2) The deductions allowed under this section, other than a deduction for a space occupied by seamen or apprentices, and certified as aforesaid, shall be subject to the following provisions, namely:

(a) The space deducted must be certified by a surveyor of ships as reasonable in extent and properly and efficiently constructed for the purpose for which it is intended;

(6) There must be permanently marked in or over every such space a notice stating the purpose to which it is to be applied, and that while so applied it is to be deducted from the tonnage of the ship;

(c) The deduction on account of space for storage of sails must not exceed 24 per cent of the tonnage of the ship.

81. Measurement of ships with double bottoms for water ballast. In the case of a ship constructed with a double bottom for water ballast, if the space between the inner and outer plating thereof is certified by a surveyor of ships to be not available for the carriage of cargo: stores, or fuel, then the depth required by the provisions of Rule I, relating to the measurement of transverse areas, shall be taken to be the upper side of the inner plating of the double bottom, and that upper side shall, for the purposes

of measurement, be deemed to represent the floor timber referred to in that rule.

82. Tonnage once ascertained to be the tonnage of ship.- Whenever the tonnage of any ship has been ascertained and registered in accordance with the tonnage regulations of this act,

the same shall thenceforth be deemed to be the tonnage of the ship and shall be repeated in every subsequent registry thereof, unless any alteration is made in the form or capacity of the ship, or unless it is discovered that the tonnage of the ship has been erroneously computed; and in either of those cases the ship shall be remeasured and her tonnage determined and registered according to the tonnage regulations of this act.

84. Tonnage of ships of foreign countries adopting tonnage regulations.—(1) Whenever it appears to Her Majesty the Queen in Council that the tonnage regulations of this act have been adopted by any foreign country and are in force there, Her Majesty in Council may order that the ships of that country shall, without being remeasured in Her Majesty's dominions, be deemed to be of the tonnage denoted in their certificates of registry or other national papers, in the same manner, to the same extent, and for the same purposes as the tonnage denoted in the certificate of registry of a British ship is deemed to be the tonnage of that ship.

(2) Her Majesty in Council may limit the time during which the order is to remain in operation and make the order subject to such conditions and qualifications (if any) as Her Majesty may deem expedient, and the operation of the order shall be limited and modified accordingly.

(3) If it is made to appear to Her Majesty that the tonnage of any foreign ship, as measured by the rules of the country to which she belongs, materially differs from that which would be her tonnage if measured under this act, Her Majesty in Council may order that, notwithstanding any order in council for the time being in force under this section, any of the ships of that country may, for all or any of the purposes of this act, be remeasured in accordance with this act.

85. Space occupied by deck cargo to be liable to dues.-(1) If any ship, British or foreign, other than a home-trade ship as defined by this act, carries as deck cargo, that is to say, in any uncovered space upon deck, or in any covered space not included in the cubical contents forming the ship’s registered tonnage, timber, stores, or other goods, all dues payable on the ship's tonnage shall be payable as if there were added to the ship's registered tonnage the tonnage of the space occupied by those goods at the time at which the dues become payable.

(2) The space so occupied shall be deemed to be the space limited by the area occupied by the goods and by straight lines inclosing a rectangular space sufficient to include the goods.

(3) The tonnage of the space shall be ascertained by an officer of the Board of Trade or of Customs in manner directed as to the measurement of poops or other closed-in spaces by Rule I in the second schedule to this act, and when so ascertained shall be entered by him in the ship's official log book and also in a memorandum which he shall deliver to the master, and the master shall, when the said dues are demanded, produce that memorandum in like manner as if it were the certificate of registry, or, in the case of a foreign ship, the document equivalent to a certificate of registry, and in default shall be liable to the same penalty as if he had failed to produce the said certificate or document.

(4) Nothing in this section shall apply to any ship employed exclusively in trading or going from place to place in any river or inland water of which the whole or part is in any British possession or to deck cargo carried by a ship while engaged in the coasting trade of any British possession.

86. Surveyors and regulations for measurement of ships.-All duties in relation to the survey and measurement of ships shall be performed by surveyors of ships under this act in accordance with regulations made by the Board of Trade.

80. Power to register Government ships under the Merchant Shipping Acts (M. S. Act, 1906).(1) His Majesty may by order in council make regulations with respect to the manner in which Government ships may be registered as British ships for the purpose of the Merchant Shipping Acts and those acts subject to any exceptions and modifications which may be made by order in council, either generally or as respects any special class of Government ships, shall apply to Government ships registered in accordance with those regulations as if they were registered in manner provided by those acts.

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