655054-1890-Merchant-Shipping-Tonnage-Act — Page 2

252

Provisions as to

deductions in case of certain steam-

ships.

Measurement of ships with double bottoms for water ballast.

THE HONGKONG GOVERNMENT GAZETTE, 15TH MARCH, 1890.

Re-measurement of foreign ships.

(b.) In the case of any ship-

(i.) Any space used exclusively for the accommodation of the master; (ii.) Any space used exclusively for the working of the helm, the capstan, and the anchor gear, or for keeping the charts, signals, and other instruments of navigation, and boatswain's stores; and

(iii.) The space occupied by the donkey engine and boiler, if connected

with the main pumps of the ship.

(2.) The deductions allowed under this section shall be subject to the following provisions, namely:-

(a.) The space deducted must be certified by a surveyor appointed by the Board of

Trade as reasonable in extent and properly and efficiently constructed for the purpose for which it is intended;

(b.) There must be permanently marked in or over every such space a notice stating the purpose. to which it is to be applied and that whilst so applied it is to be deducted from the tonnage of the ship;

(c.) The deduction on account of space for storage of sails must not exceed two

and a half per cent. of the tonnage of the ship.

4. In the case of a screw steamship which, at the passing of this Act, has an engine-room allowance of thirty-two per cent. of the gross tonnage of the ship, and in which any crew space on deck has not been included in the gross tonnage, whether its contents have been deducted therefrom or not, the crew space shall be, on the applica- tion of the owner of the ship, or by direction of the Board of Trade, measured and its contents ascertained and added to the register tonnage of the ship; and if it appears that with such addition to the tonnage the engine room does not occupy more than thirteen per cent. of the tonnage of the ship, the existing allowance for engine room of thirty-two per cent. of the tonnage shall be continued, notwithstanding anything in this Act.

5. In the case of a ship constructed with a double bottom for water ballast, if the space between the inner and outer plating thereof is certified by a surveyor appointed by the Board of Trade to be not available for the carriage of cargo, stores, or fuel, then the depth required by section twenty-one, paragraph (2), of the Merchant Shipping Act, 1854, shall be taken to be the upper side of the inner plating of the double bottom, and that upper side shall, for the purposes of measurement, be deemed to represent the floor timber referred to in that section.

6. If and whenever it is made to appear to Her Majesty that the tonnage of any foreign ship, as measured by the rules of the country to which she belongs, materially 17 & 18 Vict. e. 104. differs from that which would be her tonnage if measured under the Merchant Shipping Act, 1854, and the Acts amending the same, Her Majesty may from time to time, by Order in Council, direct that, notwithstanding any Order in Council for the time being in force under those Acts, any of the ships of that country may, for all or any of the purposes of those Acts, be re-measured in accordance with the provisions of those Acts, and Her Majesty may revoke any Order so made.

Short title and construction.

7. This Act may be cited as the Merchant Shipping (Tonnage) Act, 1889, and shall be construed as one with the Merchant Shipping Act, 1854, and the Acts amend- ing the same.

Remedies for reco- very of master's

disbursements.

52 & 53 VICT. CHAPTER 46.

Merchant Shipping Act, 1889.

An Act to amend the Merchant Shipping Act, 1854, and the Acts amending

BE

the same.

[26th August 1889.]

E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. Every master of a ship and every person lawfully acting as master of a ship by reason of the decease or incapacity from illness of the master of the ship, shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of disburse- ments properly made by him on account of the ship, and for liabilities properly incurred