[(a.) by the substitution of the words "All ships in the waters of the Colony" for the words "All British or Colonial ships registered in the Colony" in the first line of subsection (1) thereof.]
11
[(e.) by the substitution of the words "every ship in the waters of the Colony" for the words "every British or Colonial ship registered in the Colony" in the first and second lines of subsection (2) thereof.]
[(e) by the omission of the words "British or Colonial" in the first line of subsection (3) thereof.
or
((.) by the omission of the words "British or Colonial" in the first line of subsection (6) thereof.]
[, in which event this section shall apply forthwith to ships of such country.]
2
Provided always that sub-sections (1) to (6) of this section and all rules made thereunder shall, after a day to be hereafter notified by the Colonial Secretary in the Government Gazette, apply to all foreign ships while within the waters of the Colony to the same extent as they apply to British ships: Provided also that the said provisions shall not apply to any ship of a foreign country with regard to which His Majesty has by Order in Council directed that the provisions in force in that country relating to life-saving appliances appear to His Majesty to be as effective as the provisions of Part V of the Merchant Shipping Act 1894 on proof that such provisions are complied with in the case of that ship.
load line
[one thousand]
[one thousand]
7. Section 14 of the Principal Ordinance is hereby amended (as follows:-]
[(a.) by the insertion of the words "and all foreign ships in the waters of the Colony" after the word "Colony" in the first line of subsection (1) thereof:]
(b.) by the insertion of the words "not carrying cargo" after the words "twenty-five tons" in the second line of subsection (1) thereof;
[(c.) by the insertion of the words "and of every foreign ship in the waters of the Colony" after the word "Colony" in the second line of subsection (2) thereof;
(d) by the insertion of the words "not carrying cargo" after the words "twenty-five tons" in the second line of subsection (2) thereof;
[(e.) by the insertion of the words "and of a foreign ship in the waters of the Colony" after the word "ship" in the first line of subsection (3) thereof;]
() by the insertion of the words "not carrying cargo" after the words "twenty-five tons" in the second line of subsection (3) thereof;
[0.) by the insertion of the word "Foreign" after the word "British" in the first line of subsection (6) thereof;]
22
(A.) and by the addition of the following words at the end of the section: “Provided that this section shall not apply to any ship of a foreign country before a day to be hereafter notified by the Colonial Secretary in the Government Gazette, without prejudice, however, to the power of His Majesty previously to apply the provisions of the Imperial Merchant Shipping Acts relating to deck and load-lines to ships of any foreign country if the Government of that country so desire under section 734 of the Merchant Shipping Act 1894.
“Provided also that this section shall not apply to any ship of a foreign country with regard to which His Majesty in Council has under section 445 of the Merchant Shipping Act 1894 directed that ships of that country shall not be liable to detention, fine, or penalty on proof that such ship has complied with the laws and regulations of that country."
8. Section 16 of the Principal Ordinance is hereby repealed and the following shall be substituted for and in lieu thereof:--
(1.) For the purposes of this section---
The expression "grain" means any corn, rice, paddy, pulse, seeds, nuts, or nut kernels,
(a.) by the substitution of the words "whilst in the waters of the Colony is" for the words "has taken on board all or any part of her cargo in the waters of the Colony and is, whilst in such waters," in the first and second lines thereof.
(b) by the insertion of the words "the defective condition of the hull, equipments, or machinery or by reason of" after the words "by reason of" in the third line thereof.
[ ]
[11]
- 3-
279
(3.) If any ship arrives within the waters of the Colony with grain cargo loaded contrary to the provisions of this section, the master thereof shall be liable on summary conviction to a penalty not exceeding [five hundred] dollars.
(4.) If the owner or master of any ship, or any agent of any ship, knowingly allows any grain cargo or part of a grain cargo to be loaded therein contrary to the provisions of this section, or sends or attempts to send such ship to sea, he shall for every such offence be liable on summary conviction to a penalty not exceeding [five hundred] dollars.
[9. Section 18 of the Principal Ordinance is hereby amended by the insertion of the words "of the defective condition of her hull, equipments, or machinery or" after the words "by reason" in line thereof, and by the addition of the following words at the end of the section: "This section shall apply to all foreign ships within the waters of the Colony whether those ships take on board any cargo within the waters of the Colony or not.”]
10. Nothing in the provisions of sections 13, 14, 16, and 18 of the Principal Ordinance as amended by this Ordinance shall affect any foreign ship not bound to this Colony which comes into the waters of the Colony for any purpose other than the purpose of embarking or landing passengers or taking in or discharging cargo or taking in bunker coal.
[11. Excepting sections 1 to 7, 8 to 14, 17 to 20, 22 to 24 (all inclusive), 27, and 56 of the Merchant Shipping Act 1906, all the provisions of that Act which are not inconsistent with the provisions of the Principal Ordinance are hereby declared, mutatis mutandis and so far as they can be extended, to apply to all ships registered in this Colony when such ships are within the jurisdiction of this Government and to the owners and masters and crews of such ships.]
same
[12,] Subsection (7) of section 37 of the Principal Ordinance is hereby amended by the substitution of the words "is under way, whether plying for hire or not" for the word "plies" in [line 2] of the said subsection, and by the addition of the following proviso at the end of the said subsection -
"Provided always that the Harbour Master may in his discretion issue the permits provided for in the said Table E in the case of motor boats."
[13. The provisions of subsections (22) and (23) of section 37 of the Principal Ordinance in relation to the survey of steamships not exceeding sixty tons and the penalty for the use of unsurveyed steamships shall hereafter have application in the case of all motor boats not licensed under the Principal Ordinance but being in the waters of the Colony, in so far as relates to the machinery of such motor boats, in the same manner, mutatis mutandis, as the survey of boilers is required and a penalty imposed for non-observance of such requirement.]
12. Section 37 of the Principal Ordinance is hereby amended---
(a) by the insertion of the words "and of every motor boat" after the word "tons" in the first line of subsection (22),
(b.) by the insertion of the words "or the machinery of such motor boat" after the word "steamship" in the third line of subsection (22).
(c) by the insertion of the words "or motor boat" after the word "steamship" in the second line of subsection (23).
[13.]
[the eleventh line]
The expression "ship laden with a grain cargo" means a ship carrying a cargo of which the portion consisting of grain is more than one third of the registered tonnage of the ship, and that third shall be computed, where the grain is reckoned in measures of capacity, at the rate of one hundred cubic feet for each ton of registered tonnage, and where the grain is reckoned in measures of weight, at the rate of two tons weight for each ton of registered tonnage.
(2.) When such grain cargo is carried on board any vessel, such grain shall be contained in bags, sacks, or barrels, or secured from shifting by boards, bulkheads, or otherwise.
Motor boats.
[14.] Sub-section (15) of section 59 of the Principal Ordinance is hereby amended by the insertion of the words “and also branded on the hull in figures two inches in length” after the word “stern” in [line 11] thereof.
Objects and Reasons.
The object of this Ordinance is to bring the law of this Colony relating to Merchant Shipping into line with the law of England by incorporating in the Merchant Shipping Ordinance 1899 certain provisions of the Merchant Shipping Act 1906, especially those extending to foreign ships the duties and liabilities at present imposed on British shipping in respect of deck and load line and of life-saving appliances.
Provision is also made for the survey of motor boats not licensed under the Principal Ordinance.
HENRY S. BERKELEY, Attorney General,