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THE HONGKONG GOVERNMENT GAZETTE, 22nd NOVEMBER, 1862.
Limitation of Inva- lidity of Insurances.
Proof of Passengers
(2.) Where any Damage or Loss is caused to any Goods, Merchandise, or other
Things whatsoever on board any such Ship;
(3.) Where any Loss of Life or personal Injury is by reason of the improper Na- vigation of such Ship as aforesaid caused to any Person carried in any other Ship or boat;
(4.) Where any Loss or Damage is by reason of the improper Navigation of such Ship as aforesaid caused to any other Ship or Boat, or to any Goods, Merchandise, or other Things whatsoever on board any other Ship or Boat;
be answerable in Damages in respect of Loss of Life or personal Injury, either alone or together with Loss or Damage to Ships, Boats, Goods, Merchandise, or other Things, to an aggregate Amount exceeding Fifteen Pounds for each Ton of their Ship's Ton- nage; nor in respect of Loss or Damage to Ships, Goods, Merchandise, or other Things, whether there be in addition Loss of Life or personal Injury or not, to an aggregate Amount exceeding Eight Pounds for each Ton of the Ship's Tonnage; such Tonnage to be the Registered Tonnage in the Case of Sailing Ships, and in the Case of Steam Ships the Gross Tonnage without Deduction on account of Engine Room:
In the Case of any Foreign Ship which has been or can be measured according to British Law, the Tonnage as ascertained by such Measurement shall, for the Purposes of this Section, be deemed to be the Tonnage of such Ship:
In the Case of any Foreign Ship which has not been and cannot be measured under British Law, the Surveyor General of Tonnage in the United Kingdom, and the Chief Measuring Officer in any British Possession abroad, shall, on receiving from or by Di- rection of the Court hearing the Case such Evidence concerning the Dimensions of the Ship as it may be found practicable to furnish, give a Certificate under his Hand, stating what would in his Opinion have been the Tonnage of such Ship if she had been duly measured according to British Law, and the Tonnage so stated in such Certificate shall, for the Purposes of this Section, be deemed to be the Tonnage of such Ship.
55. Insurances effected against any or all of the Events enumerated in the Section last preceding, and occurring without such actual Fault or Privity as therein mentioned, shall not be invalid by reason of the Nature of the Risk.
56. In any Proceeding under the 506th Section of the Principal Act or any Act on board lost Ship. amending the same against the Owner of any Ship or Share therein in respect of Loss of Life, the Marter's List or the duplicate List of Passengers delivered to the proper Officer of Customs under the 16th Section of "The Passengers Act, 1855,” shall, in the Absence of Proof to the contrary, be sufficient Proof that the Persons in respect of whose Death any such Prosecution or Proceeding is instituted were Passengers on board such Ship at the Time of their Deaths.
Foreign Ships in
to be subject to Regu-
in Schedule.
Arrangements concerning Lights, Sailing Rules, Salvage, and Measurement of Tonnage in the Case of Foreign Ships.
57. Whenever Foreign Ships are within British Jurisdiction, the Regulations for British Jurisdiction preventing Collision contained in Table (C.) in the Schedule to this Act, or such other lations in Table (C.) Regulations for preventing Collision as are for the Time being in force under this Act, and all Provisions of this Act relating to such Regulations, or otherwise relating to Collisions, shall apply to such Foreign Ships; and in any Cases arising in any British Court of Justice concerning Matters happening within British Jurisdiction, Foreign Ships shall, so far as regards such Regulations and Provisions, be treated as if they were British Ships.
Regulations, when adopted by a Foreign
the High Seas.
58. Whenever it is made to appear to Her Majesty that the Government of any Country, may be ap- Foreign Country is willing that the Regulations, for preventing Collision contained in plied to its Ships on Table (C.) in the Schedule to this Act, or such other Regulations for preventing Col- lision as are for the Time being in force under this Act, or any of the said Regulations, or any Provisions of this Act relating to Collisions, should apply to the Ships of such Country when beyond the Limits of British Jurisdiction, Her Majesty may, by Order in Council, direct that such Regulations, and all Provisions of this Act which relate to such Regulations, and all such other Provisions as aforesaid, shall apply to the Ships of the said Foreign Country, whether within British Jurisdiction or not.
Provisions concern- ing Salvage of Life
59. Whenever it is made to appear to Her Majesty that the Government of any may, with the Consent Foreign Country is willing that Salvage shall be awarded by British Courts for Services of any Foreign Coun- rendered in saving Life from any Ship belonging to such Country when such Ship is Ships on the High beyond the Limits of British Jurisdiction, Her Majesty may, by Order in Council, di-
try, he applied to its
Seas.