Crown Proceedings
Act, 1947.
Part I.
—cont.
- the Rules contained in the Second Schedule to that Act, or those Rules as modified or altered from time to time under subsection (7) of the said section seventy-seven, and deducting from her tonnage as so ascertained ten per cent. thereof; or
- (b) where it is impossible to ascertain her tonnage as provided by paragraph (a) of this subsection, taking her estimated tonnage as certified for the purposes of this paragraph, and deducting from her estimated tonnage as so certified ten per cent. thereof.
Where it is necessary to ascertain the tonnage of a ship in the manner provided by paragraph (b) of this subsection, the Chief Ships Surveyor of the Ministry of Transport, or the officer for the time being discharging the functions of the said Surveyor, shall, upon the direction of the court concerned, and after considering such evidence of the dimensions of the ship as it may be practicable to obtain, estimate what her tonnage would have been found to be if she could have been duly measured for the purpose, and issue a certificate stating her tonnage as so estimated by him.
(6) For the purposes of this section the expression “ship” has the meaning assigned to it by section seven hundred and forty-two of the Merchant Shipping Act, 1894, but includes also:—
- (a) any vessel which is a ship as defined by section four of the 61 & 62 Vict. c. 14.Merchant Shipping (Liability of Shipowners) Act, 1898; and
- (b) every description of lighter, barge or like vessel used in navigation in Great Britain, however propelled, so, however, that a vessel used exclusively in non-tidal waters, other than harbours, shall not for the purposes of this paragraph be deemed to be used in navigation.
(7) Any reference in this section to the provisions of the Merchant Shipping Acts, 1894 to 1940, which limit the amount of the liability of the owners of ships shall be construed as including a reference to any provision of those Acts which negatives the liability of the owner of a ship, and accordingly any reference in this section to limiting the liability of any person shall be construed as including a reference to negativing his liability.
(8) Relief shall not be available by virtue of the Merchant Shipping (Liability of Shipowners) Act, 1898, in any case in which it is available by virtue of this section.
Application to division of Crown ships of rules as to loss, &c.
1 & 2 Geo. 5. c. 57.
6. The provisions of sections one, two and three of the Maritime Conventions Act, 1911 (which relate to the apportionment of damage or loss caused by vessels) shall apply in the case of vessels belonging to His Majesty as they apply in the case of other vessels.
