Battling with waves and lawyers : $b a genuine history of perils of the deep and an authentic record of the most important shipping case ever dealt with in the supreme courts of Australasia
History
Battling with waves and lawyers : $b a genuine history of perils of the deep and an authentic record of the most important shipping case ever dealt with in the supreme courts of Australasia
Alert (Ship : 1877-1893); Liability for marine accidents; Navigation -- Australia -- History; Shipwrecks -- Australia -- Victoria
corporate established under, subject to the laws of, and having their
principal place of business in the United Kingdom or some British
possession. Well, that section, if it stood alone, says that a ship
shall not be a British ship unless it belongs to owners of a certain
description, and if so, it would follow by implication that she was
a British ship. Sect. 19 then goes on to say, “Every British ship
must be registered in manner hereinafter mentioned,” with certain
exceptions. It assumes there that the ship is a British ship. It is
not “every ship claiming to be a British ship,” or “seeking to be a
British ship,” but it is “every _British_ ship must be registered
in the manner hereinafter mentioned, except”—and then it goes on to
provide for the exceptions to registration, and then having done
that, it goes on to say “and no ship hereby required to be registered
shall, unless registered, be recognised as a British ship.” It is
upon those words that Mr. Schutt so strongly relies. Now, I desire
to draw attention to the marked difference of language. Sect. 18
says, “no ship shall be _deemed_ to be a British ship, unless she
belongs wholly to owners” of a certain description, while sect. 19
has “no ship required to be registered shall, unless registered,
be _recognised_ as a British ship,” and then it goes on to say in
that section, “and no officer of customs shall grant a clearance
or transire to any ship hereby required to be registered for the
purpose of enabling her to proceed to sea as a British ship, unless
the master of such ship, upon being required so to do, produces to
him such certificate of registry as is hereinafter mentioned; and
if such ship attempts to proceed to sea as a British ship without
a clearance or transire, such officer may detain such ship until
such certificate is produced to him.” I think, in the first place,
that sect. 19 recognises the fact that a ship may be a British ship
without registration; but then it says if you are a British ship
you must also be registered, and, if not, certain consequences will
follow, some of which are enumerated, one being that she shall not
be recognised as a British ship. What is the meaning of “shall not be
recognised” is given by sect. 106, which says “whenever”—apparently
equivalent to “wherever”—“it is declared by this Act that a ship
belonging to any person or body corporate qualified according to
this Act to be owners of British ships shall not be recognised as
a British ship, such ship shall not be entitled to any benefits,
privileges, advantages, or protection, usually enjoyed by British
ships, and shall not be entitled to use the British flag or assume
the British national character; but, so far as regards the payment
of dues, the liability to pains and penalties, and the punishment of
offences committed on board such ship or by any persons belonging to
her, such ship shall be dealt with in the same manner in all respects
Public-domain text, read in full here on John Shaqi.
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