[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> MERCHANT SHIPPING ACT 1894

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]

MERCHANT SHIPPING ACT 1894 - SECT 747

747. This Act may be cited as the Merchant Shipping Act, 1894.

S.748 rep. by SLR 1908

Form A rep. by 1965 c.47 s.7(2) sch.2

( ( (ra) .................... the undersigned

In witness thereof (ra) ha ......... hereto subscribed

( Now (rb) ............... the undersigned

Lastly, (rb) .............. for (rc) .............. and (rd) heirs,covenant
with the said and (re) ............... assigns

In witness whereof (rb) ha ......... hereto subscribed(rd) ............. name
and affixed (rd) ............. seal .............

( Second Schedule rep. by 1965 c.47 s.7(2) sch.2. Third and Fourth Schedules
rep. by 1949 c.43 s.37(5) sch.3(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 officer of customs, 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 Commissioners of Customs 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
Commissioners of Customs 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.

(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
provisions.

(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.]

(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.

Paras.(2)(5) rep. by 1965 c.47 s.7(2) sch.2

Paras.(6)(7) rep. by 1949 c.43 s.37(5) sch.3

(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.]

Seventh and Eighth Schedules rep. by 1970 c.36 s.100 sch.5. Ninth Schedule
rep. by 1949 c.43 s.37(5) sch.3. Tenth to Fourteenth Schedules rep. by 1906
c.48 s.85 sch.2. Fifteenth Schedule rep. by 1937 c.23 s.2. Sixteenth Schedule
rep. by 1949 c.43 s.37(5) sch.3

(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) The 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 rep. by 1949 c.43 s.37(5) sch.3

(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.

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].

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.]

For every examination on oath instituted by a receiver with respect to any
vessel which may be or may have been in distress, a fee not exceeding [#1.00]

But so that in no case shall a larger fee than two pounds be charged for
examinations taken in respect of the same vessel and the same occurrence,
whatever may be the number of the deponents.

For every report required to be sent by the receiver to the secretary of
Lloyd's in London, the sum of [60p]

For wreck taken by the receiver into his custody, a percentage of five per
cent. upon the value thereof.

But so that in no case shall the whole amount of percentage so payable exceed
twenty pounds.

In cases where any services are rendered by a receiver, in respect of any
vessel in distress, not being wreck, or in respect of the cargo or other
articles belonging thereto, the following fees instead of a percentage; (that
is to say,)

If that vessel with her cargo equals or exceeds in value six hundred pounds,
the sum of two pounds for the first, and the sum of one pound for every
subsequent day during which the receiver is employed on that service, but if
that vessel with her cargo is less in value than six hundred pounds, one
moiety of the above-mentioned sum.

Twenty-first Schedule rep. by 1913 c.31 s.60 sch.2. Twenty-second Schedule
rep. by SLR 1908

Sections 79, 210.

Section 429.

Section 558.

1894 c.60

Section 567.

© 1894 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/msa1894185/s747.html