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A.D. 1924.

Ships, &c.

ships propelled by screws of three-fourths of the tonnage of the space; and in the case of ships propelled by screws the contents of the shaft trunk shall be added to and deemed to form part of the space; and the measurement of the 5 space shall be governed by Rule III. in the First Schedule to this Act:

Provided that the deduction for the space occupied by the propelling power of a ship shall not in any case exceed fifty-five per cent. of that portion of the tonnage 10 of the ship which remains after deducting from the gross tonnage any deductions allowed under the next following section, which relates to deductions for ascertaining tonnage; so, however, that this proviso shall not apply to steamships constructed for the purposes of towing vessels 15 so long as they are exclusively employed as tugs; but if and when employed for the carriage of passengers, cargoes or stores, or using graving docks or dry docks or other places provided for the repairing of vessels the register tonnage on which dues based on register tonnage 20 may be levied by any harbour or dock authority shall be ascertained in manner provided by this Act, but without prejudice to any power which any dock or harbour authority have under any Act, or any Order confirmed by Parliament or having the effect of an Act of Parliament, 25 to charge tonnage rates, dues or charges otherwise than on registered or register tonnage.

(2) Such portion of the space above the crown of the engine room and above the upper deck as is framed in for the machinery or for the admission of light and air 30 shall not be included in the measurement of the space occupied by the propelling power, except in pursuance of a request in writing to the Board of Trade by the owner of the ship, but shall not be included in pursuance of that request unless

(a) that portion is first included in the measurement of the gross tonnage; and

35

(b) a surveyor of ships certifies that the portion so framed in is reasonable in extent and is so constructed as to be safe and seaworthy, and 40 that it cannot be used for any purpose other than the machinery or for the admission of light and air to the machinery or boilers of the ship.

Ships, &c.

(3) Goods or stores shall not be stowed or carried A.D. 1924. in any space measured for propelling power, and in the event of any contravention of this subsection the owner of the ship shall be liable to a fine not exceeding one 5 hundred pounds, and the master of the ship shall be liable to a fine not exceeding fifty pounds.

61.—(1) In measuring or re-measuring a ship for Deductions the purpose of ascertaining her register tonnage, the for ascerfollowing deductions shall be made from the 10 included in the measurement of the tonnage:

15

20

25

95

30

(a) In the case of any ship—

space

taining

tonnage.

(M.S. Act, 1894, s. 79, M.S. Act,

(i) any space used exclusively for the 1906, s. 54 accommodation of the master;

(ii) any space occupied by seamen or apprentices to the sea service and appropriated to their use, which is certified under the regulations scheduled to this Act with regard thereto;

(iii) 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 boatswains stores; and

(iv) the space occupied by the donkey engine and boiler, if connected with the main pumps of the ship; and

(v) any space (other than a double bottom)
adapted only for water ballast; and

(b) In the case of a ship wholly propelled by sails,
any space set apart and used exclusively for
the storage of sails.

(2) The deductions allowed under this section, other than a deduction for a space occupied by seamen or apprentices to the sea service and certified as aforesaid, 35 shall be subject to the following provisions:

(a) The space deducted must be certified by a
surveyor of ships as reasonable in extent and
properly and efficiently constructed for the

(1).)

Ships, &c.

A.D. 1924.

Provisions

tions in

cases of

(M.S. Act, 1894, s. 80.)

(b) There must be permanently marked in or over every such space a notice stating

(i) the purpose to which it is to be applied; and

(ii) that, whilst so applied, it is to be 5 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.

62. In the case of a screw steamship which, on the 10 as to deduc- twenty-sixth day of August, eighteen hundred and eightynine, had an engine-room allowance of thirty-two per certain cent. of the gross tonnage of the ship, and in which any steamships. crew space on deck has not been included in the gross tonnage, whether its contents have been deducted there- 15 from or not, the crew space shall, on the application of the owner of the ship or by direction of the Board of Trade, be measured and its contents ascertained and added to the registered tonnage of the ship, and if it appears that with that addition to the tonnage the engine- 20 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.

Measurement of ships with double

water

63. In the case of a ship constructed with a double 25 bottom for water ballast, if the space between the inner and outer plating thereof is certified by a surveyor of bottoms for ships to be not available for the carriage of cargo, stores or fuel, then the depth required by the provisions of Rule I. relating to the measurement of transverse areas 30 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 rule.

ballast.

(M.S. Act, 1894, s. 81.)

Tonnage

once ascer

tained to be,
except in
certain
cases, the
tonnage of
a ship.

64. Whenever the tonnage of any ship has been 35 ascertained and registered in accordance with the tonnage regulations, the same shall henceforth be deemed to be the tonnage of the ship, and shall be repeated in every subsequent registry thereof, unless either

(a) any alteration is made in the form or capacity 40 of the ship; or

Ships, &c.

(b) it is discovered that the tonnage of the ship A.D. 1924. has been erroneously computed;

(M.S. Act,

and in either of those cases the ship shall be re-measured, 1894, s. 82.) and her tonnage determined and registered according 5 to the tonnage regulations.

10

measurement.

65.-(1) Such fees as the Board of Trade determine Fees for (not exceeding those specified in the Second Schedule (M.S. Act,

to this Act) shall be paid in respect of the measurement 1894, s. 83. of a ship's tonnage.

M.M.F. Act, 1898, s. 1.

F.I. Act,

(2) Fees paid under this section shall be paid into the 1923, 8. 1 (2).) Exchequer.

countries

M.S. Act,

66. (1) Whenever it appears to His Majesty in Tonnage of Council that the tonnage regulations have been adopted ships of by a foreign country and are in force there, His Majesty foreign 15 in Council may order that the ships of that country shall, adopting without being re-measured in His Majesty's dominions, tonnage be deemed to be of the tonnage denoted in their certi- regulations. ficates of registry or other national papers, in the same (M.S. Act, manner, to the same extent, and for the same purposes 1894, s. 84. 20 as the tonnage denoted in the certificate of registry of a British ship is deemed to be the tonnage of that ship, 1906, 8. 55.) and any space shown by the certificate of registry or other national papers of any such ship as deducted from tonnage on account of being occupied by seamen or 25 apprentices to the sea service and appropriated to their use shall be deemed to have been certified under this Act, and to comply with the provisions of this Act which apply to such a space in the case of British ships, unless a surveyor of ships certifies to the Board of Trade that the 30 construction and the equipment of the ship as respects that space do not come up to the standard required under this Act in the case of a British ship, and if any question arises whether the construction and the equipment of the ship so come up to the required standard a surveyor 35 of ships may inspect the ship for the purpose of determining whether such a certificate should be given by him or not.

(2) His Majesty in Council may limit the time during which the Order is to remain in operation, and make the 40 Order subject to such conditions and qualifications (if any) as His Majesty may deem expedient, and the operation of the Order shall be limited and modified accordingly.

Ships, &c.

A.D. 1924.

Space occupied by deck cargo to be liable to dues.

(M.S. Act, 1894, s. 85.)

(3) If it is made to appear to His Majesty that the tonnage of any foreign ship, as measured by the rules of the country to which she belongs, materially differs from that which would be her tonnage if measured under this Act, His Majesty in Council may order that, notwith- 5 standing any Order in Council for the time being in force under this section, any of the ships of that country may for all or any of the purposes of this Act be re-measured in accordance with this Act.

67.-(1) If any ship, British or foreign, other than 10 a home-trade ship, carries as deck cargo, that is to say, in any uncovered space upon deck, or in any covered space not included in the cubical contents forming the ship's registered tonnage, timber, stores or other goods, all dues payable on the ship's tonnage shall be payable 15 as if there were added to the ship's registered tonnage the tonnage of the space occupied by those goods at the time at which the dues become payable.

(2) The space so occupied shall be deemed to be the space limited by the area occupied by the goods and by 20 straight lines enclosing a rectangular space sufficient to include the goods.

(3) The tonnage of the space shall be ascertained by an officer of the Board of Trade or an officer of customs and excise in manner directed as to the measurement 25 of poops or other closed-in spaces by Rule I. in the First Schedule to this Act, and when so ascertained shall be entered by him in the ship's official log book, and also in a memorandum which he shall deliver to the master, and the master shall, when the said dues 30 are demanded, produce that memorandum in like manner as if it were the certificate of registry, or in the case of a foreign ship the document equivalent to a certificate of registry, and in default shall be liable to the same penalty as if he had failed to produce the said certificate 35 or document.

(4) Nothing in this section shall apply—

(a) to any ship employed exclusively in trading or going from place to place in any river or inland water of which the whole or part is in any 40 British possession; or

(b) to deck cargo carried by a ship while engaged in the coasting trade of any British possession.

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