Merchant Shipping (Fishing Boats) Act 1887

Publication Date:January 01, 1887
 
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Merchant Shipping (Fishing Boats) Act, 1887

(50 & 51 Vict.) CHAPTER 4.

An Act to Amend the provisions of the Merchant Shipping (Fishing Boats) Acts.

[28th April 1887]

B 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:

S-1 Short title and construction.

1 Short title and construction.

1. This Act may be cited as theMerchant Shipping (Fishing Boats) Act, 1887.

This Act shall be construed as one with the Merchant Shipping (Fishing Boats) Act, 1883, in this Act referred to as the principal Act, and that Act and this Act may be cited together as the Merchant Shipping (Fishing Boats) Acts, 1883 and 1887.

S-2 Tonnage of steam trawlers.

2 Tonnage of steam trawlers.

2. For the purposes of the principal Act and this Act, in their application to steam trawlers, expressions referring to register tonnage shall be construed as referring to gross tonnage.

S-3 Power to exempt fishing boats from ss. 19, 21 of 46 & 47 Vict. c. 41.

3 Power to exempt fishing boats from ss. 19, 21 of 46 & 47 Vict. c. 41.

3. The Board of Trade may, in any cases in which they think fit, and subject to such conditions and requirements as in their opinion may be necessary, exempt owners and skippers of fishingboats from the provisions of sections nineteen and twenty-one of the principal Act.

S-4 Extension to skippers of certain provisions of 46 & 47 Vict. c. 41. relating to seamen.

4 Extension to skippers of certain provisions of 46 & 47 Vict. c. 41. relating to seamen.

4. The provisions relating to seamen contained in sections twenty-four, twenty-five, twenty-eight (sub-sections one, two, three, eight, and nine), thirty-three, thirty-four, and thirty-five of the principal Act shall apply to skippers in like manner and to the same extent as they apply to seamen, and skippers shall be entitled to the same rights and privileges, and be subject to the same duties, liabilities, and penalties, in all respects, as, by those enactments are conferred or imposed upon seamen:

Provided that any notice given by a skipper under section thirty-three of the principal Act shall be given to the owner of the boat or the owner's agent.

S-5 Provisions of 46 & 47 Vict. c. 41. ss. 46, 47, to apply to disputes between skippers and owners, and as to provisions.

5 Provisions of 46 & 47 Vict. c. 41. ss. 46, 47, to apply to disputes between skippers and owners, and as to provisions.

(1)5 (1.) The provisions of sections forty-six and forty-seven of the principal Act relating to certain disputes shall apply to disputes between skippers and owners in like manner, and to the same extent, as they apply to disputes between skippers or owners and seamen; and shall also apply to any dispute respecting the cost quantity, or quality of provisions supplied to the crew.

(2) (2.) Any decision of a superintendent of a mercantile marine office under those sections or this section shall be enforced by any justice of the peace within whose jurisdiction the person or goods of anyone against whom the decision is given may be found, in the same manner as if such decision were an order made by justices in the exercise of their summary jurisdiction.

S-6 Accounts to be rendered by owners to crews paid by share.

6 Accounts to be rendered by owners to crews paid by share.

(1)6 (1.) Where a skipper or any other member of the crew of a fishing boat is paid by a share in the catch, the owner of the fishing boat shall render to him a full and true account, in a form sanctioned by the Board of Trade, showing in detail the amounts for which the fish have been sold, and all deductions made from those amounts and chargeable in any respect to the men who are paid by share, either in respect of stores supplied to the fishing boat, or provisions furnished to the crew, or otherwise.

(2) (2.) If any owner makes default in compliance with the requirements of this section he shall, for each default, incur a penalty not exceeding five pounds.

S-7 Certificates of service to be issued to second hands until 1st July 1888.

7 Certificates of service to be issued to second hands until 1st July 1888.

(1)7 (1.) Every person who has, before the first day of July one thousand eight hundred and eighty-eight, served as second hand on a trawler of twenty-five tons register tonnage and upwards, or on such other fishing boats as the Board of Trade may think have afforded the person sufficient experience, for a period...

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