Merchant Shipping Act 1894

SCHEDULES

FIRST SCHEDULE U.K.

F1 Part I U.K.

Textual Amendments

F1 Sch. 1 Pt. I repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 10, 57(5), Sch. 1 para. 52(a), Sch. 7 (with s. 58(4), Sch. 8 para. 1)

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F2 Part II U.K.

Textual Amendments

F2 Sch. 1 Pt. II repealed (21.3.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.I; S.I. 1993/3137, art. 3(1)

Documents of which the forms are to be prescribed by the Commissioners of Customs and sanctioned by the Board of Trade U.K.

Certificate of surveyor.

Declaration of ownership by individual owner.

Declaration of ownership on behalf of a corporation as owner.

Certificate of registry.

Provisional certificate.

Declaration of ownership by individual transferee.

Declaration of ownership on behalf of a corporation as transferee.

Declaration of owner taking by transmission.

Declaration of mortgagee taking by transmission.

. . . F3

Textual Amendments

F3 Words repealed by Merchant Shipping Act 1988 (c. 12, SIF 111), ss. 10, 57(5), Sch. 1 para. 52(b)(i), Sch. 7 (with s. 58(4), Sch. 8 para. 1)

. . . F3

. . . F3

[F4 Bill of Sale]

Textual Amendments

F4 Words added by Merchant Shipping Act 1965 (c. 47), Sch. 1

[F5 Mortgage.]

Textual Amendments

F5 Words added by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 10, Sch. 1 para. 52(b)(ii) (with s. 58(4), Sch. 8 para. 1)

[F5 Transfer of Mortgage.]

F6 F6 SECOND SCHEDULE U.K.

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Textual Amendments

F6 Sch. 2 repealed by Merchant Shipping Act 1965 (c. 47), Sch. 2

F7 F7 THIRD SCHEDULE, FOURTH SCHEDULE U.K.

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Textual Amendments

F7 Schs. 3, 4 repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

FIFTH SCHEDULE U.K. Regulations to be observed with respect to Anti-Scorbutics

Furnishing of Anti-Scorbutics U.K.

(1)

The anti-scorbutics to be furnished shall be lime or lemon juice, or such other anti-scorbutics (if any) of such quality, and composed of such materials, and packed and kept in such manner as Her Majesty by Order in Council may direct.

(2)

No lime or lemon juice shall be deemed fit and proper to be taken on board ship, for the use of the crew or passengers thereof, unless it has been obtained from a bonded warehouse for and to be shipped as stores.

(3)

Lime or lemon juice shall not be so obtained or delivered from a warehouse as aforesaid, unless—

(a)

it is shown, by a certificate under the hand of an inspector appointed by the Board of Trade, to be proper for use on board ship, the certificate to be given upon inspection of a sample, after deposit of the lime or lemon juice in the warehouse; and

(b)

it contains fifteen per cent. of proper and palatable proof spirit, to be approved by the inspector or by the proper [F8 officer of customs and excise], and to be added before or immediately after the inspection thereof; and

(c)

it is packed in such bottles at such time and in such manner and is labelled in such manner as the [F8 Commissioners of Customs and Excise] may direct.

(4)

If the lime or lemon juice is deposited in a bonded warehouse, and has been approved as aforesaid by the inspector, the spirit, or the amount of spirit necessary to make up fifteen per cent., may be added in the warehouse, without payment of any duty thereon; and when any spirit has been added to any lime or lemon juice, and the lime or lemon juice has been labelled as aforesaid, it shall be deposited in the warehouse for delivery as ship’s stores only, upon such terms and subject to such regulations of the [F8 Commissioners of Customs and Excise] as are applicable to the delivery of ship’s stores from the warehouse.

(5)

The lime or lemon juice with which a ship is required by this Act to be provided shall be taken from the warehouse duly labelled as aforesaid, and the labels shall remain intact until twenty-four hours at least after the ship has left her port of departure on her foreign voyage.

Textual Amendments

F8 Words substituted by virtue of Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 1

Serving out of Anti-Scorbutics U.K.

(6)

The lime or lemon juice shall be served out with sugar (the sugar to be in addition to any sugar required by the agreement with the crew).

(7)

The anti-scorbutics shall be served out to the crew so soon as they have been at sea for ten days; and during the remainder of the voyage, except during such time as they are in harbour and are there supplied with fresh provision.

(8)

The lime or lemon juice and sugar shall be served out daily at the rate of an ounce each per day to each member of the crew, and shall be mixed with a due proportion of water before being served out.

(9)

The other anti-scorbutics, if any, provided in pursuance of an Order in Council shall be served out at such times and in such quantities as the Order in Council directs.

SIXTH SCHEDULE U.K.

(1)

Every place in a ship occupied by seamen or apprentices, and appropriated to their use, shall be such as to make the space which it is required by the Second Part of this Act to contain available for the proper accommodation of the men who are to occupy it, and shall be securely constructed, properly lighted and ventilated, properly protected from weather and sea, and as far as practicable properly shut off and protected from effluvium which may be caused by cargo or bilge water.

(2–5)

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Textual Amendments

F9 Sch. 6 paras. (2)–(5) repealed by Merchant Shipping Act 1965 (c. 47), Sch. 2

Maximum Fees for Inspection U.K.

6 7

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8

When the accommodation is inspected at the same time with the measurement of the tonnage, no separate fee shall be charged for the inspection.

Textual Amendments

F10 Sch. 6 paras. (6)(7) repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

F11 F11 SEVENTH SCHEDULE, EIGHTH SCHEDULE U.K.

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Textual Amendments

F11 Schs. 7, 8 repealed by Merchant Shipping Act 1970 (c. 36), s. 100, Sch. 5

F12 F12 NINTH SCHEDULE U.K.

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Textual Amendments

F12 Sch. 9 repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

F13 F13 TENTH–FOURTEENTH SCHEDULES U.K.

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Textual Amendments

F13 Schs. 10–14 repealed by Merchant Shipping Act 1906 (c. 48), Sch. 2

F14 F14 FIFTEENTH SCHEDULE U.K.

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Textual Amendments

F14 Sch. 15 repealed by Merchant Shipping Act 1937 (c. 23), s. 2

F15 F15 SIXTEENTH SCHEDULE U.K.

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Textual Amendments

F15 Schs. 16, 18 repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

Section 429.

SEVENTEENTH SCHEDULE U.K. Life Saving Appliances

Constitution of the Committee U.K.

(1)

Three shipowners selected by the Council of the Chamber of Shipping of the United Kingdom.

(2)

One shipowner selected by the Shipowners Associations of Glasgow and one shipowner selected by the Liverpool Steamship Owners Association and the Liverpool Shipowners Association conjointly.

(3)

Two shipbuilders selected by the Council of the Institution of Naval Architects.

(4)

Three persons practically acquainted with the navigation of vessels selected by the shipmasters societies recognised by the Board of Trade for this purpose.

(5)

Three persons being or having been able-bodied seamen selected by seamen’s societies recognised by the Board of Trade for this purpose.

(6)

Two persons selected conjointly by the Committee of Lloyd’s the Committee of Lloyd’s Register Society, and the Committee of the Institute of London Underwriters.

EIGHTEENTH SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16 U.K.

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Textual Amendments

F16 Schs. 16, 18 repealed by Merchant Shipping (Safety Convention) Act 1949 (c. 43), Sch. 3

NINETEENTH SCHEDULE U.K.

Part I. U.K. Statements in the Case of Salvage by Her Majesty’s Ships

(1)

Particulars to be stated both by the salvor and by the master or other person in charge of the vessel, cargo, or property saved:—

(a)

The place, condition, and circumstances in which the vessel, cargo, or property was at the time when the services were rendered for which salvage is claimed:

(b)

The nature and duration of the services rendered.

(2)

Additional particulars to be stated by the salvor:—

(a)

The proportion of the value of the vessel, cargo, and property, and of the freight which he claims for salvage, or the values at which he estimates the vessel, freight, cargo, and property respectively, and the several amounts that he claims for salvage in respect of the same:

(b)

Any other circumstances which he thinks relevant to the said claim.

(3)

Additional particulars to be stated by the said master or other person in charge of the said vessel, cargo, or property:—

(a)

A copy of the certificate of registry of the said vessel, and of the endorsements thereon, stating any change which (to his knowledge or belief) has occurred in the particulars contained in the certificate; and stating also to the best of his knowledge and belief, the state of the title to the vessel for the time being, and of the incumbrances and certificates of mortgage or sale, if any, affecting the same, and the names and places of business of the owners and incumbrancers:

(b)

the name and place of business or residence of the freighter (if any) of the said vessel, and the freight to be paid for the voyage on which she then is:

(c)

A general account of the quantity and nature of the cargo at the time the salvage services were rendered:

(d)

The name and place of business or residence of the owner of the cargo and of the consignee thereof:

(e)

The values at which the master or person making the statement estimates the vessel, cargo, and property, and the freight respectively, or if he thinks fit, in lieu of the estimated value of the cargo, a copy of the vessel’s manifest:

(f)

The amounts which the master thinks should be paid as salvage for the services rendered:

(g)

An accurate list of the property saved in cases where the vessel is not saved:

(h)

An account of the proceeds of the sale of the vessel, cargo, or property, in cases where the same or any of them are sold at the port where the statement is made:

(i)

The number, capacities, and condition of the crew of the vessel at the time when the services were rendered; and

(k)

Any other circumstances he thinks relevant to the matters in question.

Part II U.K. Salvage Bond

[N.B.-Any of the Particulars not known, or not required, by reason of the Claim being only against the Cargo, &c., may be omitted.] U.K.

Whereas certain salvage services are alleged to have been rendered by the vessel [ insert names of vessel and of commander ], commander, to the merchant vessel [ insert names of vessel and master ], master, belonging to [ name and place of business or residence of owner of vessel ], freighted by [ the same of the freighter ], and to the cargo therein, consisting of [ state very shortly the descriptions and quantities of the goods, and the names and addresses of their owners and consignees ]:

And whereas the said vessel and cargo have been brought into the port of [ insert name and situation of port ], and a statement of the salvage claim has been sent to [ insert the name of the consular officer or judge of the Colonial Court of Admiralty or Vice-Admiralty Court and of the office he fills ], and he has fixed the amount to be inserted in this bond at the sum of [ state the sum ].

Now I, the said [ master’s name ], do hereby, in pursuance of the Merchant Shipping Act, 1894, bind the several owners for the time being of the said vessel and of the cargo therein and of the freight payable in respect of that cargo and their respective heirs, executors, and administrators, to pay among them such sum not exceeding the said sum of [ state the sum fixed ], in such proportions and to such persons as [ if the parties agree on any other court, substitute the name of it here ], the High Court in England shall adjudge to be payable as salvage for the services so alleged to have been rendered as aforesaid.

In witness whereof I have hereunto set my hand and seal, this [ insert the date ] day of

Signed, sealed, and delivered by the said [ master’s name ].(L.S.)

In the presence of [ name of consular officer or judge of the Colonial Court of Admiralty or Vice-Admiralty Court, and of the office he fills. ].