And permission was given to appeal in forma pauperis in a case in which the appellant was not heard in the court below and refused leave to appeal to Her Majesty in Council, the decision being in fact ex parte (t).

REGISTRATION OF SHIPS.

The ownership, measurement and registry of British vessels are, in the United Kingdom regulated by Part II. of The Merchant Shipping Act (Imp.), which second part, by section 17, is made to apply to the whole of Her Majesty's dominions, and inter alia to Canada, excepting in so far as it may have been repealed by Dominion legislation, approved by Her Majesty in Council (u).

QUALIFICATIONS FOR OWNERSHIP OF BRITISH SHIPS.

It is provided in Part II. of The Merchant Shipping Act, made applicable by section 17 to the whole of Her Majesty's Dominions, as follows:

18. No ship shall be deemed to be a British ship unless she belongs wholly to owners of the following description, that is to say:

(1) Natural-born British subjects:

Provided that no natural born subject who has taken the oath of allegiance to any foreign sovereign or state shall be entitled to be such owner as aforesaid, unless he has subsequently to taking such last-mentioned oath taken the oath of allegiance to Her Majesty, and is and continues to be during the whole period of his so being an owner resident in some place within Her Majesty's dominions, or if not so resident, a member of a British factory, or partner in a house actually carrying on business in the United Kingdom or in some other place within Her Majesty's dominions;

(1) George v. The Queen, L. R. 1 P. C. 389.

(u) As to imperial control over colonial legislation, see Todd's Parliamentary Government in British Colonies (1880), 125-149.

(2) Persons made denizens by letters or denization, or naturalised by or pursuant to any Act of the Imperial Legislature, or by or pursuant to any Act or Ordinance of the proper legislative authority in any British possession;

Provided that such persons are and continue to be

during the whole period of their so being owners resident in some place within Her Majesty's dominions, or if not so resident, members of a British factory, or partners in a house actually carrying on business in the United Kingdom or in some other place within Her Majesty's dominions, and have taken the oath of allegiance to Her Majesty subsequently to the period of their being so made denizens or naturalised;

(3) Bodies corporate established under, subject to the laws of, and having their principal place of business in the United Kingdom or some British possession. No ship by the Act required to be registered shall, unless registered, be recognized as a British ship. Section 19, M. S. Act.

Falsely assuming the British National character, or sailing under a certificate of registry illegally obtained renders the ship liable to forfeiture: M. S. A. sec. 103 (v).

An alien is not entitled to own or register a ship or vessel of the United States: Parsons on Shipping, Am., Vol. I. pp. 28-9.

As to unqualified owner becoming entitled by transmission, vide ante, p. 202.

The Dominion Act, R. S. C. c. 72, s. 52, expressly repeals so much of The Merchant Shipping Act relating to ships registered in Canada as is inconsistent with it.

Ship. The meaning attached to the word "ship," by the interpretation clause of the Rules, ante, p. 13, viz. : that it "shall include every description of vessel used in navigation not propelled by oars only," corresponds with that in M. S. Act, 1854, and The A. C. Act. 1861, and the (v) See The Queen v. The S. G. Marshall, 1 P. E. I. Rep. 316. 1870.

Canadian Statutes respecting Registration of Ships, Seamen, Navigation Pilotage, Wrecks and Salvage, and other statutes, R. S. C. caps. 72, 74, 75, 76, 77, 79, 80, 81, 82, 86, etc., with the addition of the word "only" in the clause cited.

Yachts and Fishing Boats.-Pleasure yachts not carrying passengers or goods for hire are not subject to the provisions of the Act respecting certificates to masters and mates (w); nor ships employed solely in fishing, or barges or other vessels having neither masts, sails nor rigging, and not being steamships (x).

A hopper barge not furnished with any means by which she could be propelled, and used only for dredging purposes, was held to be "a ship or boat" within the meaning of The M. S. Act, s. 458 (y).

It has been held in the case of a vessel built by a British subject for a foreign purchaser to be delivered to such purchaser at a foreign port—and which was, when completed, assigned by the builder for valuable consideration to the plaintiff. The assignment not being registered under the Bills of Sale Act, nor under the M. S. Act, 1854 s. 57, nor the vessel registered as a British ship under s. 19 of the latter Act; it was held (1) that the assignment did not require registration under the Bills of Sale Act; (2) that the ship was not a British ship within the meaning of the M. S. Act, 1854, and that an assignment of her, need not be by bill of sale under the 55th section, and did not require registration under the 57th section of that statute (z).

Electricity. The provisions ofthe Merchant Shipping Act, 1854, and the Acts amending the same, with respect to steamships, apply to ships propelled by electricity or other mechanical power, with such modifications as the

(w) R. S. C. c. 73, s. 13.

(x) Ibid.

(y) The Mac. 7 P. D. 38; See The Hector, 24 L. J. U. C. 281.

(2) The Union Bank of London v. Lenanton, L. R. 3 C. P. D. (C. A.) 243; 47 L. J. C. L. (C. A.) 409.

Board of Trade may from time to time prescribe for pur- Secs, 1-8. poses of adaptation (a).

The register of a ship under the M. S. Act is prima facie evidence of ownership (b), but its statutory effect may be displaced by proof of what the facts really are (c).

DOMINION STATUTE RESPECTING THE REGISTRATION AND A.D. 1886. CLASSIFICATION OF SHIPS.

[R. S. C. c. 72.]

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows::

tion.

1. In this Act, unless the context otherwise requires,- Interpreta(a) The expression "the Minister" means the Minister "Minister." of Marine and Fisheries;

(b) The expression "ship" includes every description" Ship." of vessel used in navigation not propelled by oars;

""Ships belong

(c) The expression "ships belonging to Her Majestying to Her includes ships the cost of which has been defrayed out of Majesty." the Consolidated Revenue Fund of Canada, and ships described as the property of Canada by the one hundred and eighth section of "The British North America Act, 1867;"

(d) The expression "master" includes every person "Master." having command or charge of any ship. 36 V. c. 128, s. 4.

H. M. Ships.

2. Nothing in this Act shall apply to ships belonging to Exemption of Her Majesty. 36 V. c. 128, s. 5.

3. This Act is divided into four parts:

Division of
Act.

The first part, relating to the measurement and regis- Registration. tration of ships;

small ships.

The second part, relating to the licensing of small Licensing of ships and other vessels;

The third part, relating to security for advances on Advances. ships in course of construction;

classification,

The fourth part, relating to the inspection and classifi- Inspection and cation of ships. 36 V. c. 128, s. 6.

(a) 52-53 V. c. 46, s. 5.

(b) M. S. A. s. 107; Abbott on Shipping, 13th Ed., 56, 938.

(c) Baumwoll Manufactur von Carl, Scheibler v. Furness, 62 L. J. N. S.

201, H. L. (1893).

Ships exempt 1 from the pro

MEASUREMENT AND REGISTRATION OF SHIPS.

4. The following ships are exempt from the provisions visions of this of this part of this Act, that is to say :—

part of Act.

What ships only shall be

Canada as

British ships

(a) Ships having a whole or fixed deck, not propelled wholly or in part by steam, and not exceeding ten tons burthen;

(b) Ships not propelled wholly or in part by steam, and not having a whole or fixed deck, whatever their burthen. 36 V. c. 127, s. 7.

5. No ship propelled either wholly or in part by steam, recognized in whatever her tonnage, and no ship not propelled wholly or in part by steam, of more than ten tons burthen and having a whole or fixed deck, although otherwise entitled by law to be deemed a British ship, shall, unless she is duly registered in the United Kingdom, or in Canada, or some other British possession under "The Merchant Shipping Act, 1854," and the Acts amending the same or under the provisions of this Act, be recognized as a British ship, or be admitted to the privileges of a British ship in Canada; but any ship which was duly registered under Case of vessels the provisions of the "Act respecting the registration of under c. 41 of inland vessels," forming chapter forty-one of the Consolidated Statutes of the late Province of Canada, need not be registered in pursuance of the provisions of this Act, except for the purpose of enabling her to proceed to sea as a British ship:

registered

Con. Stat. Can

ada provided

for.

Liabilities of unregistered ships.

No clearance unless certificate is produced.

"Act

2. No ship which was registered by the said respecting the Registration of Inland Vessels," shall, unless she was duly registered under the provisions of the said Act, be recognized in Canada as a British ship. 36 V. c. 128, s. 8 and s. 14, part.

6. No officer of customs shall grant clearance to any ship required to be registered under the provisions of the Act in the next preceding section mentioned, or of this Act, for the purpose of enabling her to proceed on a voyage,