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MERCHANT SHIPPING (LIABILITY OF SHIPOWNERS AND OTHERS) ACT 1900 - SECT 2

Limitation of liability of harbour conservancy authority.

2.(1) The owners of any dock or canal, or a harbour authority or a conservancy
authority, as defined by the Merchant Shipping Act, 1894, shall not, where
without their actual fault or privity any loss or damage is caused to any
vessel or vessels, or to any goods, merchandise, or other things whatsoever on
board any vessel or vessels, be liable to damages beyond an aggregate amount
[equivalent to 1,000 gold francs] for each ton of the tonnage of the largest
registered British ship which, at the time of such loss or damage occurring,
is, or within the period of five years previous thereto has been, within the
area over which such dock or canal owner, harbour authority, or conservancy
authority, performs any duty or exercises any power. A ship shall not be
deemed to have been within the area over which a harbour authority or a
conservancy authority performs any duty, or exercises any powers, by reason
only that it has been built or fitted out within such area, or that it has
taken shelter within or passed through such area on a voyage between two
places both situate outside that area, or that it has loaded or unloaded mails
or passengers within that area.

[(2) For the purpose of this section the tonnage of ships shall be ascertained
as provided by section five hundred and three, subsection two, of the
Merchant Shipping Act, 1894, and the register of any ship shall be sufficient
evidence that the gross tonnage and the deductions therefrom and the
registered tonnage are as therein stated.]

[(3) Section five hundred and four of the Merchant Shipping Act, 1894, shall
apply to this section as if the words "owner of a British or foreign ship"
included a harbour authority, and a conservancy authority, and the owner of a
canal or of a dock.]

(4) For the purpose of this section the term "dock" shall include wet docks
and basins, tidal docks and basins, locks, cuts, entrances, dry docks, graving
docks, gridirons, slips, quays, wharves, piers, stages, landing-places, and
jetties.

(5) For the purposes of this section the term "owners of a dock or canal"
shall include any person or authority having the control and management of any
dock or canal, as the case may be.

(6) Nothing in this section shall impose any liability in respect of any such
loss or damage on any such owners or authority in any case where no such
liability would have existed if this Act had not passed.

© 1900 Crown Copyright

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