Merchant Shipping Act 1894

JurisdictionUK Non-devolved
Citation1894 c. 60


Merchant Shipping Act, 1894

(57 & 58 Vict.) CHAPTER 60.

An Act to consolidate Enactments relating to Merchant Shipping.

[25th August 1894]

B e 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 Parliament assembled, and by the authority of the same, as follows:

I Registry .

PART I.

Registry .

Qualification for owning British Ships.

Qualification for owning British Ships.

S-1 Qualification for owning British ship.

1 Qualification for owning British ship.

A ship shall not be deemed to be a British ship unless owned wholly by persons of the following description (in this Act referred to as persons qualified to be owners of British ships); namely,—

a. ) Natural-born British subjects
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 in a British possession
c. ) Persons made denizens by letters of denization; 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

Provided that any person who either—

(i) being a natural-born British subject has taken the oath of allegiance to a foreign sovereign or state or has otherwise become a citizen or subject of a foreign state; or

(ii) has been naturalized or made a denizen as aforesaid;

shall not be qualified to be owner of a British ship 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 of the ship either resident in Her Majesty's dominions, or partner in a firm actually carrying on business in Her Majesty's dominions.

Obligation to register British Ships.

Obligation to register British Ships.

S-2 Obligation to register British ships.

2 Obligation to register British ships.

(1)—(1.) Every British ship shall, unless exempted from registry, be registered under this Act.

(2) (2.) If a ship required by this Act to be registered is not registered under this Act she shall not be recognised as a British ship.

(3) (3.) A ship required by this Act to be registered may be detained until the master of the ship, if so required, produces the certificate of the registry of the ship.

S-3 Exemptions from registry.

3 Exemptions from registry.

The following ships are exempted from registry under this Act:—

(1) (1.) Ships not exceeding fifteen tons burden employed solely in navigation on the rivers or coasts of the United Kingdom, or on the rivers or coasts of some British possession within which the managing owners of the ships are resident:

(2) (2.) Ships not exceeding thirty tons burden 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 Gulf of Saint Lawrence, or on such portions of the coasts of Canada as lie bordering on that gulf.

Procedure for Registration.

Procedure for Registration.

S-4 Registrars of British ships.

4 Registrars of British ships.

(1)—(1.) The following persons shall be registrars of British ships:—

( a. ) At any port in the United Kingdom, or Isle of Man, approved by the Commissioners of Customs for the registry of ships, the chief officer of customs:

( b. ) In Guernsey and Jersey, the chief officers of customs together with the governor:

( c. ) In Malta and Gibraltar, the governor:

( d. ) At Calcutta, Madras, and Bombay, the port officer:

( e. ) At any other port in any British possession approved by the governor of the possession for the registry of ships, the chief officer of customs, or, if there is no such officer there resident, the governor of the possession in which the port is situate, or any officer appointed for the purpose by the governor;

( f. ) At a port of registry established by Order in Council under this Act, persons of the descripton in that behalf declared by the Order.

(2) (2.) Notwithstanding anything in this section Her Majesty may by Order in Council declare, with respect to any British possession named in the Order, not being the Channel Islands or the Isle of Man, the description of persons who are to be registrars of British ships in that possession.

(3) (3.) A registrar shall not be liable to damages or otherwise for any loss accruing to any person by reason of any act done or default made by him in his character of registrar, unless the same has happened through his neglect or wilful act.

S-5 Registrars book.

5 Registrars book.

Every registrar of British ships shall keep a book to be called the register book, and entries in that book shall be made in accordance with the following provisions:—

(i.) The property in a ship shall be divided into sixty-four shares:

(ii.)Subject to the provisions of this Act with respect to joint owners or owners by transmission, not more than sixty-four individuals shall be entitled to be registered at the same time as owners of any one ship; but this rule shall not affect the beneficial title of any number of persons or of any company represented by or claiming under or through any registered owner or joint owner:

(iii.) A person shall not be entitled to be registered as owner of a fractional part of a share in a ship; but any number of persons not exceeding five may be registered as joint owners of a ship or of any share or shares therein:

(iv.) Joint owners shall be considered as constituting one person only as regards the persons entitled to be registered, and shall not be entitled to dispose in severalty of any interest in a ship, or in any share therein in respect of which they are registered:

(v.) A corporation may be registered as owner by its corporate name.

S-6 Survey and measurement of ship.

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.

S-7 Marking of ship.

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