Merchant Shipping Act 1894

Part III U.K. PASSENGER AND EMIGRANT SHIPS

Modifications etc. (not altering text)

C1 Pt. III amended by Merchant Shipping Act 1906 (c. 48), s. 15 and Merchant Shipping (Safety Convention) Act 1949 (c. 43), s. 26(1)

1. Definitions U.K.

†Definition of Passenger Steamer and Passenger U.K.

Modifications etc. (not altering text)

C2 Unreliable margin note

267 Definition of “passenger” and “passenger steamer.” U.K.

For the purposes of this Part of this Act—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

• The expression “passenger steamer” shall mean every British steamship carrying passengers to, from, or between any places in the United Kingdom except steam ferry boats working in chains (commonly called steam bridges) . . . F2

Textual Amendments

F1 Definition of “passenger” repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

F2 Words repealed by Merchant Shipping Act 1906 (c. 48), Sch. 2

Modifications etc. (not altering text)

C3 S. 267 amended by Merchant Shipping Act 1906 (c. 48), s. 13 and Merchant Shipping Act 1964 (c. 47), s. 17(2)

268–270 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 U.K.

Textual Amendments

F3 Ss. 257–266, 268–270 repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5

2. Passenger Steamers U.K.

Survey of Passenger Steamers U.K.

271 Annual survey of passenger steamers. U.K.

[F4 (1) Every passenger steamer which carries more than twelve passengers shall be surveyed once at least in each year in the manner provided in this Part of this Act; and no ship (other than a steam ferry boat working in chains) shall proceed to sea or on any voyage or excursion with more than twelve passengers on board, unless there is in force in respect of the ship a certificate as to survey under this Part of this Act, applicable to the voyage or excursion on which the ship is about to proceed, or that voyage or excursion is one in respect of which [F5 the Board of Trade] has exempted the ship from the requirements of this subsection.]

(2) A passenger steamer attempting to ply or go to sea may be detained until such certificate as aforesaid is produced to the proper [F6 officer of customs and excise][F7 unless the voyage or excursion on which she is about to proceed is one in respect of which she has been exempted as aforesaid.]

[F8 (3) If a ship proceeds to sea or on any voyage or excursion when it is prohibited from doing so by subsection (1) of this section, the owner and the master of the ship shall each be guilty of an offence and liable on conviction on indictment to a fine or on summary conviction to a fine not exceeding one thousand pounds.]

Textual Amendments

F4 S. 271(1) substituted by Merchant Shipping Act 1964 (c. 47), s. 17(1)

F5 Words substituted by virtue of S.I. 1965/145, arts. 2, 3(2), Sch. 1

F6 Words substituted by virtue of Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 1

F7 Words inserted by Merchant Shipping Act 1964 (c. 47), s. 17(1)

F8 S. 271(3) inserted by Merchant Shipping Act 1979 (c. 39), Sch. 6 Pt. VII para. 3

Modifications etc. (not altering text)

C4 S. 271(3) amended by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 49(1)

272 Mode of survey and declaration of survey. U.K.

(1) The owner of every passenger steamer shall cause the same to be surveyed by a [F9 ship surveyor] of ships and an engineer surveyor of ships [F10 and, in the case of a sea-going passenger steamer required to be provided with a [F11 radio installation], by a wireless telegraphy surveyor] the [F9 ship surveyor] being, in the case of an iron steamer, a person properly qualified in the opinion of the Board of Trade to survey an iron steamer.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(3)–(5) . . . F13

Textual Amendments

F9 Words substituted by virtue of Merchant Shipping Act 1906 (c. 48), s. 75(1)

F10 Words inserted by Merchant Shipping (Safety and Load Line Conventions) Act 1932 (c. 9), s. 9(1)

F11 Words substituted by Merchant Shipping (Safety Convention) Act 1949 (c. 43), s. 35(5)

F12 S. 272(2) repealed by S.I. 1981/568, reg. 3

F13 S. 272(3)-(5) repealed by Merchant Shipping (Safety Convention) 1949 Act (c. 43), s.13(1), 37, Sch. 3

Modifications etc. (not altering text)

C5 S. 272 amended by Merchant Shipping Act 1906 (c. 48), s. 75(3) and Merchant Shipping (Safety and Load Line Conventions) Act 1932 (c. 9), s. 9(1); modified by Merchant Shipping (Safety Convention) Act 1949 (c. 43), s. 15

273 Transmission of declaration. U.K.

(1) The owner of a steamer surveyed shall within fourteen days after the receipt by him of a declaration of survey transmit it to the Board of Trade.

(2) If an owner fails without reasonable cause so to transmit a declaration of survey, he shall forfeit a sum not exceeding [F14 50p] for every day during which the transmission is delayed, and any sum so forfeited shall be payable on the granting of a certificate in addition to the fee, and shall be applied in the same manner as the fee.

Textual Amendments

F14 Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

274 Issue of passenger steamer’s certificate. U.K.

On the receipt of the declarations of survey, the Board of Trade shall, if satisfied that this Part of this Act has been complied with, issue in duplicate a passenger steamer’s certificate, that is to say, a certificate stating such compliance and stating, according to the declarations—

(a) the limits (if any) beyond which the steamer is not fit to ply; and

(b) the number of passengers which the steamer is fit to carry, distinguishing, if necessary, the number to be carried in each part of the steamer, and any conditions and variations to which the number is subject.

Modifications etc. (not altering text)

C6 S. 274 modified by Merchant Shipping (Safety Convention) Act 1949 (c. 43), s. 15

275 Appeal to court of survey. U.K.

(1) If the owner of a steamer feels aggrieved by the declaration of survey of a [F15 ship] or engineer surveyor [F16 or wireless telegraphy surveyor] or by the refusal of such a surveyor to give such a declaration, he may appeal to the court of survey for the port or district where the steamer for the time being is, in manner directed by the rules of that court.

(2) On any such appeal the judge of the court of survey shall report to the Board of Trade on the question raised by the appeal and the Board, when satisfied that the requirements of the report and of the foregoing provisions of this Part of this Act have been complied with, may grant a passenger steamer’s certificate.

(3) Subject to any order made by the judge of the court of survey the costs of and incidental to the appeal shall follow the event.

(4) A [F15 ship] or engineer surveyor [F16 or wireless telegraphy surveyor] in making a survey of a steamer for the purpose of a declaration of survey shall, if the owner of the steamer so requires, be accompanied on the survey by some person appointed by the owner, and in that case, if the surveyor and the person so appointed agree, there shall be no appeal under this section to the court of survey.

Textual Amendments

F15 Words substituted by virtue of Merchant Shipping Act 1906 (c. 48), s. 75(1)

F16 Words inserted by Merchant Shipping (Safety and Load Line Conventions) Act 1932 (c. 9), s. 9(3)

276 Transmission of certificate. U.K.

(1) The Board of Trade shall transmit the passenger steamer’s certificate in duplicate to a superintendent or some other public officer at the port mentioned by the owner of the steamer for the purpose, or at the port where the owner or his agent resides, or where the steamer has been surveyed or is for the time lying.

(2) The Board of Trade shall cause notice of the transmission to be given to the master or owner of his agent, and the officer to whom the certificate has been transmitted shall, on the owner, master, or agent applying and paying the proper fee and other sums (if any) mentioned in this Act as payable in that behalf, deliver to him both copies of the certificate.

(3) In proving the issue of a passenger steamer’s certificate it shall be sufficient to show that the certificate was duly received by the said officer, and that due notice of the transmission was given to the owner, master, or agent.

277 Fees for certificate. U.K.

The grantee of a passenger steamer’s certificate shall pay such fees . . . F17 , as the Board of Trade fix.

Textual Amendments

F17 Words repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

278 Duration of certificates. U.K.

(1) A passenger steamer’s certificate shall not be in force for more than one year from the date of its issue, or any shorter time specified in the certificate, nor after notice is given by the Board of Trade to the owner, agent, or master of the steamer, that the Board have cancelled it.

(2) If a passenger steamer is absent from the United Kingdom at the time when her certificate expires, a fine shall not be incurred for want of a certificate until she first begins to ply with passengers after her next return to the United Kingdom.

279 Cancellation of certificate. U.K.

(1) The Board of Trade may cancel a passenger steamer’s certificate where they have reason to believe—

(a) that any declaration of survey on which the certificate was founded has been in any particular made fraudulently or erroneously; or,

(b) that the certificate has been issued upon false or erroneous information; or,

(c) that since the making of the declaration, the hull, equipments, or machinery have sustained any injury, or are otherwise insufficient.

(2) In every such case the Board of Trade may require the owner to have the hull equipment or machinery of the steamer again surveyed, and to transmit further declarations of survey, before they re-issue the certificate or grant a fresh one in lieu thereof.

280 Delivery up of certificate. U.K.

(1) The Board of Trade may require a passenger steamer’s certificate, which has expired or been cancelled, to be delivered up as they direct.

(2) If any owner or master fails without reasonable cause to comply with such requirement, he shall for each offence be liable to a fine not exceeding [F18 [F19 £50]][F18 level 2 on the standard scale].

Textual Amendments

F18 Words “level 2 on the standard scale” substituted (E.W.S.) for “£50” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

F19 Word substituted by virtue of Merchant Shipping Act 1979 (c. 39), s. 43(1), Sch. 6 Pt. I

Modifications etc. (not altering text)

C7 S. 280 modified (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.16; S.I. 1993/3137, art. 3(2)

281 Posting up of certificate. U.K.

(1) The owner or master of every passenger steamer required to have a passenger steamer’s certificate shall forthwith on the receipt of the certificate by him or his agent cause one of the duplicates to be put up in some conspicuous place on board the steamer, so as to be legible to all persons on board, and to be kept so put up and legible while the certificate remains in force, and the steamer is in use.

(2) If the owner or master fails without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding [F20 [F21 £50]][F20 level 2 on the standard scale].

(3) If a passenger steamer plies or goes to sea with passengers on board, and this section is not complied with, then for each offence the owner thereof shall be liable to a fine not exceeding [F22 [F23 £200]][F22 level 4 on the standard scale], and the master shall also be liable to a further fine not exceeding [F22 [F23 £200]][F22 level 4 on the standard scale].

Textual Amendments

F20 Words “level 2 on the standard scale” substituted (E.W.S.) for “£50” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

F21 Word substituted by virtue of Merchant Shipping Act 1979 (c. 39), s. 43(1), Sch. 6 Pt. I

F22 Words “level 4 on the standard scale” substituted (E.W.S.) for “£200” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F23 Words substituted by virtue of Merchant Shipping (Load Lines) Act 1967 (c. 27, SIF 111), s. 25, Sch. 1 (as amended by Merchant Shipping Act 1979 (c. 39, SIF 111), s. 43, Sch. 6 Pt. VI para. 7)

Modifications etc. (not altering text)

C8 S. 281 modified (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.16; S.I. 1993/3137, art. 3(2)

282 Penalty for forgery of certificate or declaration. U.K.

If any person—

(a) knowingly and wilfully makes, or assists in making, or procures to be made, a false or fraudulent declaration of survey or passenger steamer’s certificate; [F24 or

(b) forges, assists in forging, procures to be forged, fraudulently alters, assists in fraudulently altering, or procures to be fraudulently altered, any such declaration or certificate, or anything contained in, or any signature to any such declaration or certificate;]

that person shall in respect of each offence be guilty of a misdemeanor.

Textual Amendments

F24 Words repealed (E.W.N.I.) by Forgery and Counterfeiting Act 1981 (c. 45, SIF 39:7), s. 30, Sch. Pt. I

Modifications etc. (not altering text)

C9 S. 282(a) modified (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para.16; S.I. 1993/3137, art. 3(2)

283 Penalty for carrying passengers in excess. U.K.

The owner or master of any passenger steamer shall not receive on board thereof, or on or in any part thereof, any number of passengers which, having regard to the time, occasion, and circumstances of the case, is greater than the number allowed by the passenger steamer’s certificate, and if he does so, he shall for each offence be liable [F25 on summary conviction to a fine not exceeding £50,0 and on conviction on indictment to a fine].

Textual Amendments

F25 Words substituted by virtue of Merchant Shipping (Load Lines) Act 1967 (c. 27, SIF 111), s. 25, Sch. 1 (as amended by Merchant Shipping Act 1979 (c. 39, SIF 111), s. 43, Sch. 6 Pt. VI para. 7)

Modifications etc. (not altering text)

C10 S. 283 amended by Merchant Shipping Act 1906 (c. 48), s. 22

284 Colonial certificates for passenger steamers. U.K.

Where the legislature of any British possession provides for the survey of, and grant of certificates for, passenger steamers, and the Board of Trade report to Her Majesty the Queen that they are satisfied that the certificates are to the like effect, and are granted after a like survey, and in such manner as to be equally efficient with the certificates granted for the same purpose in the United Kingdom under this Act, Her Majesty in Council may—

(1) declare that the certificates granted in the said British possession shall be of the same force as if granted under this Act; and

(2) declare that all or any of the provisions of this Part of this Act which relate to passenger steamer’s certificates shall, either without modification or with such modifications as to Her Majesty may seem necessary, apply to the certificates granted in the said British possession; and

(3) impose such conditions and make such regulations with respect to the certificates, and to the use, delivery, and cancellation thereof, as to Her Majesty may seem fit, and impose fines not exceeding fifty pounds for the breach of those conditions and regulations.

General Equipment of Passenger Steamers U.K.

285 Equipment of passenger steamers with compasses, hose, deck shelters, and safety appliances. U.K.

(1) A sea–going passenger steamer shall have her compasses properly adjusted from time to time, to the satisfaction of the [F26 ship surveyor] and according to such regulations as may be issued by the Board of Trade.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(3) A home trade passenger steamer shall be provided with such shelter for the protection of deck passengers (if any) as the Board of Trade, having regard to the nature of the passage, the number of deck passengers to be carried, the season of the year, the safety of the ship, and the circumstances of the case, require.

(4) A passenger steamer shall be provided with a safety valve on each boiler, so constructed as to be out of the control of the engineer when the steam is up, and, if the safety valve is in addition to the ordinary valve, so constructed as to have an area not less, and a pressure not greater, than the area of and pressure on the ordinary valve.

(5) If a passenger steamer plies or goes to sea from a port in the United Kingdom without being equipped as required by this section, then, for each matter in which default is made, the owner (if in fault) shall be liable to a fine not exceeding one hundred pounds, and the master (if in fault) shall be liable to a fine not exceeding fifty pounds.

Textual Amendments

F26 Words substituted by virtue of Merchant Shipping Act 1906 (c. 48), s. 75(1)

F27 S. 285(2) repealed by Merchant Shipping (Safety and Load Line Conventions) Act 1932 (c. 9), Sch. 4 Pt. I

Modifications etc. (not altering text)

C11 S. 285(5) amended by Merchant Shipping Act 1979 (c. 39, SIF 111), s. 43(2), Sch. 6 Pt. V and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 49(1)

286 Prohibition of increasing weight on safety valve. U.K.

A person shall not increase the weight on the safety valve of a passenger steamer beyond the limits fixed by the surveyor, and, if he does so, he shall, in addition to any other liability he may incur by so doing, be liable for each offence to a fine not exceeding one hundred pounds.

Modifications etc. (not altering text)

C12 S. 286 amended by Merchant Shipping Act 1979 (c. 39, SIF 111), s. 43(2), Sch. 6 Pt. V and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 49(1)

Keeping Order in Passenger Steamers U.K.

287 Offences in connexion with passenger steamers. U.K.

(1) If any of the following offences is committed in the case of a passenger steamer for which there is a passenger steamer’s certificate in force; (that is to say,)

(a) If any person being drunk or disorderly has been on that account refused admission thereto by the owner or any person in his employment, and, after having the amount of his fare (if he has paid it) returned or tendered to him, nevertheless persists in attempting to enter the steamer:

(b) If any person being drunk or disorderly on board the steamer is requested by the owner or any person in his employ to leave the steamer at any place in the United Kingdom, at which he can conveniently do so, and, after having the amount of his fare (if he has paid it) returned or tendered to him, does not comply with the request:

(c) If any person on board the steamer, after warning by the master or other officer thereof, molests or continues to molest any passenger:

(d) If any person, after having been refused admission to the steamer by the owner or any person in his employ on account of the steamer being full, and having had the amount of his fare (if he has paid it) returned or tendered to him, nevertheless persists in attempting to enter the steamer:

(e) If any person having gone on board the steamer at any place, and being requested, on account of the steamer being full, by the owner or any person in his employ to leave the steamer, before it has quitted that place, and having had the amount of his fare (if he has paid it) returned or tendered to him, does not comply with that request:

(f) If any person travels or attempts to travel in the steamer without first paying his fare, and with intent to avoid payment thereof:

(g) If any person, having paid his fare for a certain distance, knowingly and wilfully proceeds in the steamer beyond that distance without first paying the additional fare for the additional distance, and with intent to avoid payment thereof:

(h) If any person on arriving in the steamer at a point to which he has paid his fare knowingly and wilfully refuses or neglects to quit the steamer: and

(i) If any person on board the steamer fails, when requested by the master or other officer thereof, either to pay his fare or exhibit such ticket or other receipt, if any, showing the payment of his fare, as is usually given to persons travelling by and paying their fare for the steamer:

the person so offending shall for each offence be liable to a fine not exceeding [F28 [F29 £50]][F28 level 2 on the standard scale], but that liability shall not prejudice the recovery of any fare payable by him.

(2) If any person on board any such steamer wilfully does or causes to be done anything in such a manner as to obstruct or injure any part of the machinery or tackle of the steamer, or to obstruct, impede, or molest the crew, or any of them, in the navigation or management of the steamer, or otherwise in the execution of their duty on or about the steamer, he shall for each offence be liable to a fine not exceeding [F28 [F29 £50]][F28 level 2 on the standard scale].

(3) The master or other officer of any such steamer, and all persons called by him to his assistance, may, without any warrant, detain any person who commits any offence against this section and whose name and address are unknown to the master or officer, and convey the offencer with all convenient despatch before some justice of the peace to be dealt with according to law, and that justice shall with all convenient despatch try the case in a summary manner.

(4) If any person commits an offence against this section and on the application of the master of the steamer, or any other person in the employ of the owner thereof, refuses to give his name and address, or gives a false name or address, that person shall be liable to a fine not exceeding [F28 [F29 £50]][F28 level 2 on the standard scale][F30 and the fine shall be paid to the owner of the steamer.]

Textual Amendments

F28 Words “level 2 on the standard scale” substituted (E.W.S.) for “£50” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

F29 Word substituted by virtue of Merchant Shipping Act 1979 (c. 39), s. 43(1), Sch. 6 Pt. I

F30 Words repealed (E.W.) by Justices of the Peace Act 1949 (c. 101), Sch. 7 Pt. III

288 Power to exclude drunken passengers on home trade passenger steamers. U.K.

The master of any home trade passenger steamer may refuse to receive on board thereof any person who by reason of drunkenness or otherwise is in such a state, or misconducts himself in such a manner, as to cause annoyance or injury to passengers on board, and if any such person is on board, may put him on shore at any convenient place; and a person so refused admittance or put on shore shall not be entitled to the return of any fare he has paid.

3. Emigrant Ships U.K.

289–355 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 U.K.

Textual Amendments

F31 Ss. 289–355, 357, 358, 359(2), 360(1)(2) repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5

Legal Proceedings U.K.

356 Recovery of fines. U.K.

All fines and forfeitures under the provisions of this Part of this Act (other than the provisions relating to passenger steamers only) shall be sued for by the following officers; (that is to say,)

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

(b) Any chief officer of customs; and also

(c) In the British Islands [F33 (except in the Isle of Man)], any person authorised by the Board of Trade and any officer of customs authorised by the [F34 Commissioners of Customs and Excise][F33 and in the Isle of Man, the Attorney General for the Island or a person authorised by him]; and

(d) In a British possession any person authorised by the governor of that possession, or any officer of customs authorised by the Government department regulating the customs in that possession.

Textual Amendments

F32 S. 356(a) repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5

F33 Words inserted by S.I. 1980/399, Sch. Pt. I para. 8

F34 Words substituted by virtue of Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 1

357, 358. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35 U.K.

Textual Amendments

F35 Ss. 289–355, 357, 358, 359(2), 360(1)(2) repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5

Supplemental U.K.

359 Owner responsible for default in absence of agreement. U.K.

(1) In the absence of any agreement to the contrary, the owner of a ship shall be the person ultimately responsible as between himself and the other persons by this Part of this Act made liable in respect of any default in complying with any requirement thereof.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

Textual Amendments

F36 Ss. 289–355, 357, 358, 359(2), 360(1)(2) repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5

360

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

Textual Amendments

F37 Ss. 289–355, 357, 358, 359(2), 360(1)(2) repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5

F38 S.360(3) repealed by Merchant Shipping Act 1979 (c. 39), Sch. 7 Pt. II

361, 362. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39 U.K.

Textual Amendments

F39 Ss. 361, 362, 364, 365 repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5

363 Exemption from survey of foreign passenger steamer or emigrant ship in certain cases. U.K.

Where a foreign ship is a passenger steamer . . . F40 within the meaning of this Part of this Act, and the Board of Trade are satisfied, by the production of a foreign certificate of survey attested by a British consular officer at a port out of Her Majesty’s dominions, that the ship has been officially surveyed at that port, and are satisfied that any requirements of this Act are proved by that survey to have been substantially complied with, the Board may, if they think fit, dispense with any further survey of the ship in respect of any requirement so complied with, and grant or direct one of their officers to grant a certificate, which shall have the same effect as if given upon survey under this Part of this Act:

Provided that Her Majesty in Council may order that this section shall not apply in the case of an official survey at any port at which it appears to Her Majesty that corresponding advantages are not extended to British ships.

Textual Amendments

F40 Words repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5

Application of Part III as regards Emigrant Ships U.K.

364, 365. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41 U.K.

Textual Amendments

F41 Ss. 361, 362, 364, 365 repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5

366 Modification of provisions of Part III in their application to British possessions. U.K.

(1) The governor of a British possession may by proclamation—

(a) determine what shall be deemed, for the purposes of this Part of this Act, to be the length of the voyage of any ship carrying steerage passengers from any port in that British possession to any other port; and

(b) fix dietary scales for steerage passengers during the voyage; and

(c) declare what medical stores shall be deemed necessary for the medical treatment of the steerage passengers during the voyage.

(2) Every such proclamation shall take effect from the issue thereof, and shall have effect without as well as within the possession, as if enacted in this Part of this Act.

(3) The governor of a British possession may authorise such persons as he thinks fit to make a like survey of emigrant ships sailing from that possession as is by this Act required to be made by two or more competent surveyors in the case of emigrant ships sailing from the British Islands.

(4) The governor of a British possession may authorise any competent person to act as medical practitioner on board an emigrant ship proceeding on a colonial voyage.

367 Powers of governors of colonies as to numbers of steerage passengers. U.K.

(1) The governor of each of the Australasian colonies, that is to say, New South Wales, Victoria, South Australia, Western Australia, Queensland, Tasmania, New Zealand, and any colony hereafter established in Australia, may by proclamation make such rules as he thinks proper for determining the number of steerage passengers to be carried in any emigrant ship proceeding from one of such colonies to any other of those colonies, and for determining on what deck or decks, and subject to what reservations or conditions, steerage passengers may be carried in such ship.

(2) The governor of any British possession may, if he thinks fit, declare by proclamation that ships intended to pass within the Tropics from any port in such possession may convey steerage passengers, being natives of Asia or Africa, after the rate of one for every twelve superficial feet of the passenger deck instead of after the rate specified in the Tenth Schedule to this Act.

(3) Every such proclamation shall take effect from the issue thereof, or such other day as may be named therein, and shall have effect without as well as within the possession, as if it were enacted in this Part of this Act in substitution as respects the said ships for the Tenth Schedule to this Act.

(4) The provisions of the Tenth Schedule to this Act with respect to the number of superficial feet to be allowed to each steerage passenger shall not apply to any ship proceeding from any port in the island of Ceylon to any port in British India in the Gulf of Manar or Palk’s Straits, and the legislature of Ceylon may regulate by law the number of steerage passengers who may be carried on board such ships.

368 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42 U.K.

Textual Amendments

F42 S. 368 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. VII

368A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43 U.K.

Textual Amendments

F43 S. 368A repealed by Burma Independence Act 1947 (11 & 12 Geo. 6 c. 3), s. 5, Sch. 2 Pt. I