MERCHANT SHIPPING ACT 1894 - SECT 503 Saving for powers under local Acts.

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MERCHANT SHIPPING ACT 1894 - SECT 503

Saving for powers under local Acts.

503.(1) The owners of a ship, British or foreign, shall not, where all or any
of the following occurrences take place without their actual fault or privity;
(that is to say),

(a)Where any loss of life or personal injury is caused to any person being
carried in the ship;

(b)Where any damage or loss is caused to any goods, merchandise, or other
things whatsoever on board the ship;

(d)Where any loss or damage is caused to any property (other than any property
mentioned in paragraph (b) of this subsection) or any rights are infringed
through the act or omission of any person (whether on board the ship or not)
in the navigation or management of the ship, or in the loading, carriage or
discharge of its cargo or in the embarkation, carriage or disembarkation of
its passengers, or through any other act or omission of any person on board
the ship;]

(i)In respect of loss of life or personal injury, either alone or together
with [such loss, damage or infringement as is mentioned in paragraphs (b) and
(d) of this subsection], an aggregate amount not exceeding [an amount
equivalent to three thousand one hundred gold francs] for each ton of their
ship's tonnage; and

(ii)In respect of [such loss, damage or infringement as is mentioned in
paragraphs (b) and (d) of this subsection), whether there be in addition loss
of life or personal injury or not, an aggregate amount not exceeding [an
amount equivalent to one thousand gold francs] for each ton of their ship's
tonnage.

(2) For the purposes of this section

(a)The tonnage of a steam ship shall be her [registered tonnage with the
addition of any engine-room space deducted for the purpose of ascertaining
that tonnage]; and the tonnage of a sailing ship shall be her registered
tonnage:

Proviso rep. by 1948 c.44 s.4(3)

(b)Where a foreign ship has been or can be measured according to British law,
her tonnage, as ascertained by that measurement shall, for the purpose of this
section, be deemed to be her tonnage.

(c)Where a foreign ship has not been and cannot be measured according to
British law, the surveyor-general of ships in the United Kingdom, or the chief
measuring officer of any British possession abroad, shall, on receiving from
or by the direction of the court hearing the case, in which the tonnage of the
ship is in question, such evidence concerning the dimensions of the ship as it
may be practicable to furnish, give a certificate under his hand stating what
would in his opinion have been the tonnage of the ship if she had been duly
measured according to British law, and the tonnage so stated in that
certificate shall, for the purposes of this section, be deemed to be the
tonnage of the ship.

[(3) The limits set by this section to the liabilities mentioned therein shall
apply to the aggregate of such liabilities which are incurred on any distinct
occasion, and shall so apply in respect of each distinct occasion without
regard to any liability incurred on another occasion.]][

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Northern Irish Legislation

MERCHANT SHIPPING ACT 1894 - SECT 503