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Law Dictionary Home Dictionary Definition ship

Ship, the carriage of goods by Sea Act, 1925 (26 of 1925). [XXVI of 1925, Sch. Art. 1, Cl. (d)] Ship, means any vessel used for the carriage of goods by sea. A type of vessel used or intended to be used in navigation, Black's Law Dictionary, 7th Edn., p. 1382. In the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), by s. 742, 'includes every description of vessel used in navigation not propelled by oars.' [This definition has been adopted by the Workmen's Compensation Act, 1925 (15 & 16 Geo. 5, c. 34), s. 48(1)] 'Foreign-going ship,' by the same s., 'includes every ship employed in trading, or going between some place or places in the United Kingdom, and some place or places situate beyond the following limits: that is to say, the coasts of the United Kingdom, the Channel Islands and the Isle of Man, and the continent of Europe, between the river Elbe and Brest inclusive'; and 'Home-trade ship' includes 'every ship employed in trading or going' within the above limits; and 'Home-trade passenger ship' means 'every home-trade ship employed in carrying passengers.' A ship cannot be registered as a British ship unless owned by British subjects or British corporation (s. 1). The property in a ship is divided into sixty-four shares; not more than sixty four persons may own a ship as part owners, and not more than five may be joint owners of a ship or shares therein, but a corporation may be registered as owner (s. 5). A part owner can sell or mortgage his share or shares provided he complies with the provisions of the Act. Joint owners cannot dispose in severalty of any interest in a ship, or in any share therein in respect of which they are registered (ib.). other statutory definitions of a ship are as follows: (1) (English) Carriage of Goods by Sea Act, 1924 (14 & 15 Geo. 5, c. 22), Sch., Art. 1, 'any vessel used for the carriage of goods by sea.' (2) (English) Merchant Shipping (International Labour Conventions) Act, 1925 (15 & 16 Geo. 5, c. 42), s. 5, 'any sea-going ship or boat of any description which is registered in the United Kingdom as a British ship and includes any British fishing boat entered in the fishing-boat register.' (3) (English) Petroleum (Consolidation) Act, 1928 (18 & 19 Geo. 5, c. 32), s. 24, 'every description of vessel used in navigation, whether propelled by oars or otherwise.' See also the (English) Merchant Shipping Acts, 1928 and 1932, and the (English) Supreme Court of Judicature Act, 1925, s. 22. Any person born on board a British ship, whether in foreign territorial waters or not, is a natural-born British subject (4 & 5 Geo. 5, c. 17, s. 1). The criminal jurisdiction of British courts extends to British ships on the high seas, and in foreign rivers below the bridges where the tide ebbs and flows, R. v. Anderson, LR 1 CCR 161. The liability of shipowners (who are liable at common law, if carriers, as insurers of goods) is limited by s. 503 of the Merchant Shipping Act, where there has been no actual loss or privity, to amounts varying with the tonnage of the ship. S. 502 protects the owner of a British ship against liability in respect of goods lost or damaged by fire on board the ship, and in respect of certain valuables, the true nature and value of which have not been declared on shipment, if lost or damaged by reason of any robbery, embezzlement, etc. Although the Carriers Act, 1830, extends to carriage by land only, where there is a contract for the carriage of goods partly by land and partly by sea, the carrier has the benefit of the Act as to the carriage by land, Le Conteur v. L.&S.W. Ry., 1865 LR 1 QB 54. See also the Carriage of Goods by Sea Act, 1924. The Shipowners' Negligence (Remedies) Act, 1905, enables a person injured by, or on, or in, or about a ship in a port or harbour of England or Ireland, or within three miles of the coast thereof, to apply to a judge to order the detention of the ship, if owned by foreigners none of whom reside in the United Kingdom, until the owners have made satisfaction or given security to abide the result of an action. The order, it seems, will be made on the applicant showing that the owners are 'probably liable to pay damages' in respect of personal or fatal injuries caused in consequence of the negligence, etc., mentioned in the Act. See NAVIGATIONACTS; MERCHANT SHIPPING; LIMITED LIABILITY; Chitty's Statutes, tit. 'Shipping'; and consult Temperley or Maclachlan on M. S. Acts; Maude and Pollock on Shipping; Carver opn Carriage by Sea. Means a vessel of any type whatsoever not per-manently attached to the seabed and includes dynamically supported craft, submersibles, or any other floating craft. [Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002, s. 2(h)]

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