xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULE 1PART I OF MERCHANT SHIPPING ACT 1894 AND PART II OF THE FIRST SCHEDULE THERETO

PART IREGISTRY

Forfeiture of Ship

Proceedings on forfeiture of ship.

76.—(1) Where any ship has either wholly or as to any share therein become subject to forfeiture under this Part of this Act,

(a)any commissioned officer on full pay in the military or naval service of Her Majesty; or

(b)any person appointed by the Governor in Council for the purposes of this section;may seize and detain the ship and bring her for adjudication before the Supreme Court, and the Court may thereupon adjudge the ship with her tackle, apparel, and furniture to be forfeited to Her Majesty, and make such order in the case as to the Court seems just, and may award to the officer or other person bringing in the ship for adjudication such portion of the proceeds of the sale of the ship, or any share therein, as the Court think fit.

(2) Any such officer or other person as is mentioned in subsection (1) of this section shall not be responsible either civilly or criminally to any person whomsoever in respect of any such seizure or detention as aforesaid, notwithstanding that the ship has not been brought in for adjudication, or if so brought in is declared not liable to forfeiture, if it is shown to the satisfaction of the Court that there were reasonable grounds for such seizure or detention; but if no such grounds are shown the Court may award costs and damages to any party aggrieved, and make such other order in the premises as the Court thinks just.

Tonnage once ascertained to be the tonnage of ship.

82.  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 of 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 re-measured, and her tonnage determined and registered according to the tonnage regulations of this Act.

Fees for measurement.

83.  Such fees as the Governor in Council determines shall be paid in respect of the measurement of a ship’s tonnage.

Surveyors and Regulations for measurement of ships.

86.  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 Governor in Council.