The marginal references are to the old sections reproduced. 1854 17 & 18 Vict. c. 104. 1862 = 25 & 26 Vict. c. 63. = Int. Act, 1889 Interpretation Act 1889 (52 & 53 Vict. c. 63); see Appendix. CHAPTER 60. An Act to consolidate (a) Enactments relating to Merchant Shipping. [25th August, 1894.] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present (a) The true principle of construing such an Act as this has been explained by Lord Herschell, in Bank of England v. Vagliano (1891), A. C., at pp. 144, 145, where, speaking of the Bills of Exchange Act, which purports in its preamble to "codify" the law, he says:-"The proper course, in the first instance, is to examine the language of the statute, and to ask what is its natural meaning, uninfluenced by any considerations derived from the previous state of the law, and not to start with inquiring how the law previously stood, and then, assuming that it was probably intended to leave it unaltered, to see if the words of the enactment will bear an interpretation in conformity with this view. The purpose of such a statute surely was that on any point specifically dealt with by it the law should be ascertained by interpreting the language used, instead of, as before, by roaming over a vast number of authorities in order to discover what the law was.... . . I am, of course, far from asserting that resort may never be had to the previous state of the law for the purpose of aiding in the construction of the provisions of the code. If, for example, a provision be of doubtful import, such resort would be perfectly legitimate. Or if, again, in a code... words be found which have previously acquired a technical meaning, or been used in a sense other than their ordinary one, the same interpretation might well be put upon them in the code." Thus the first question in this Act will be, "What does the Act say?" but decisions on the same words when used in former Acts may be referred to, as showing their meaning in this Act. See The Castlegate (1893), A. C. 38, where the words, on account of the ship," in an Act of 1889, were construed by decisions on the same words in an Act of 1861, though those decisions ... Parliament assembled, and by the authority of the same, as follows: Qualifica tion for owning PART I. (b) REGISTRY. Qualification for owning British Ships. 1. A ship (c) shall not be deemed (d) to be a British British ship (e) unless owned wholly by persons (f) of the following Ships. (b) By § 91 this Part of the Act (c) Defined, § 742. (d) If the ship is not so deemed, she is apparently in the same position as a foreign ship, except as liable to forfeiture in whole or in part under $$ 69, 71; but she is not within the provisions of § 72, which apply only to ships "not recognized as British"; see § 2. (e) While "ship" is defined in § 742 as "including every description of vessel used in navigation not propelled by oars," "British ship" is not expressly defined in the Act. A British ship requires the following qualifications: 1. The ship must be entirely owned by persons qualified under § 1; otherwise she is "not deemed to be a British ship," and may be subject to forfeiture under §§ 69 and 71, a means of protection being afforded by § 28. II. The ship, unless exempt under $3, must be registered under § 2, either in the United Kingdom or elsewhere in the British dominions (cf. § 4). Otherwise she will not be recognized as a British ship (§ 2, s. 2), and will have none of the benefits and all the liabilities of a ship which is recognized as British (§ 72). Part II., however, applies to "unregistered British ships," as if they were registered (§ 266), cf. § 486, s. 2. As from § 266 it appears that there is such a thing as an unregistered British ship, it would seem that registration is not essential to the condition, in fact, of a British ship, though it is sometimes to the legal recognition of that condition. The only essential seems, therefore, to be that the ship should be owned entirely by persons qualified under § 1. Neither the place where she is built nor the trade in which she is employed are material; her ownership is vital. (f) Includes corporations; Int. Act, 1889, § 19. description (in this Act referred to as persons qualified to be owners of British ships (g)), namely, (a.) Natural-born British subjects (h) : (b.) Persons naturalized by or in pursuance of an Act of Parliament of the United Kingdom (), or by or in pursuance of an Act or ordinance of the proper legislative authority (k) in a British possession (1) : (c.) Persons made denizens by letters of denization(m); and (d.) Bodies corporate established under and subject to the laws of some part of Her Majesty's dominions, and having their principal place of business in those dominions (n): Provided that any person who either (i.) Being a natural-born British subject (1) has taken the oath of allegiance to a foreign sovereign or state or has become a citizen or subject of a foreign state (o); or (ii.) Has been naturalized or made a denizen as aforesaid (p); shall not be qualified to be owner (7) of a British ship (g) unless, after taking the said oath, or becoming a citizen or subject of a foreign state, or on or after being naturalized or made denizen as aforesaid, he has taken the oath of allegiance to Her Majesty the Queen, and is during the time he is owner (q) of the ship either resident (r) in Her (g) See note (e), p. 8. (h) All persons born in Her Majesty's dominions, and certain persons born abroad, whose fathers or paternal grandfathers were natural born subjects, owing allegiance to the Crown. See Stephen's Blackstone, bk. iv. pt. i. ch. ii., and 7 Anne, c. 5; 4 Geo. II. c. 21; 13 Geo. III. c. 21. (i) 33 & 34 Vict. c. 14. The principal conditions are (§ 7): residence or service of the Crown for not less than five years in British dominions; and intention 80 to reside or serve the Crown. Section 14 reads: "Nothing in this Act shall qualify an alien to be the owner of a British ship." (k) Int. Act, 1889, § 20, s. 7. (1) Ibid. s. 2. (m) Aliens born, made British subjects by royal letters patent. (n) Semble, that the registered office of a company will be treated as its principal place of business. See for discussion of similar questions, Haggin V. Comptoir d'Escompte, (1889), 23 Q. B. D. 519; Golding v. La Sainte Union (1892), 67 L. T. 605. (0) Naturalization Act, 1870, 33 Vict. c. 14, s. 6. (p) Sub-s. (b.), (c.). (q) See notes to § 58. This section is not only concerned with owners on the register, but affects foreigners only equitably interested in ships; cf. §§ 9 (v.), 25 (b.). (r) See cases on residence, cited in Annual Practice, in notes on Order XI. r. 1 (e.); and on Income Tax Statutes, Dowell, 3rd edit., pp. 220, 221. Obligation to register British ships. 1854, s. 19. Majesty's dominions, or partner in a firm actually carrying on business (s) in Her Majesty's dominions. Obligation to register British Ships (t). 2.-(1.) Every British ship (u) shall, unless exempted from registry (x), be registered under this Act (y). (2.) If a ship required by this Act to be registered is not registered under this Act she shall not be recognized as a British ship (z). (3.) A ship (a) required by this Act to be registered may be detained (b) until the master (a) of the ship (a), if so required, produces the certificate of the registry of the ship (c). Exemp- 3. The following ships are exempted from registry under tions from this Act (d): registry. 1854, s. 19. (1.) Ships (a) not exceeding fifteen tons burden (d) employed solely in navigation on the rivers or coasts of the United Kingdom, or on the rivers or coasts of some British possession (e) within which the managing owners (f) of the ships are resident (g): (2.) Ships (a) not exceeding thirty tons burden (d), and not having a whole or fixed deck, and employed solely in fishing or trading coastwise on the shores of Newfoundland or parts adjacent thereto, or in the (s) See cases on "carrying on (t) The declarations as to the policy (y) By § 745, s. (e) ships registered Gulf of Saint Lawrence, or on such portions of the Procedure for Registration (h). Procedure for Regis 4.-(1.) The following persons shall be registrars of tration. British (i) ships :(a.) At any port (k) in the United Kingdom, or Isle Man, approved by the Commissioners of Customs for the registry of ships, the chief officer of customs (k): (b.) In Guernsey and Jersey, the chief officers of customs together with the governor (1): Registrars of of British ships. 30, 93. Vict. c. 11, 1854, ss. 32 & 33 8. 6. Vict. c. 85, 50 & 51 (c.) In Malta and Gibraltar, the governor (1): (d.) At Calcutta, Madras, and Bombay, the port officer: s. 29. (e.) At any other port (k) in any British possession (m) Vict. c. 62, approved by the governor (1) of the possession for the s. 3. registry of ships, the chief officer of customs (k), or, if there is no such officer there resident, the governor (1) of the possession (m) in which the port (k) is situate, or any officer appointed for the purpose by the governor : (f.) At a port of registry (n) established by Order in Council under this Act (o), persons of the description in that behalf declared by the Order: (2.) Notwithstanding anything in this section Her Majesty may by Order in Council (p) declare, with respect to any British possession (m) named in the Order, not being the Channel Islands or the Isle of Man, the description of register book (§ 5); (7.) To grant a certificate of registry (§ 14); and (8.) To retain certain documents (§42). And he may be called upon, under §§ 19, 20, to make certain alterations on the register. (i) See note to § 1. (k) Defined, § 742. (1) Int. Act, 1889, § 18, s. 6. (n) At present, only Shanghai. (p) § 738. |