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MARITIME CONVENTIONS ACT 1911

MARITIME CONVENTIONS ACT 1911 - LONG TITLE

An Act to amend the Law relating to Merchant Shipping with a view
to enabling certain Conventions to be carried into effect.
[16th December 1911]
Preamble rep. by SLR 1927

Rule as to division of loss.

MARITIME CONVENTIONS ACT 1911 - SECT 1

1.(1) Where, by the fault of two or more vessels, damage or loss
is caused to one or more of those vessels, to their cargoes or
freight, or to any property on board, the liability to make good
the damage or loss shall be in proportion to the degree in which
each vessel was in fault:

Provided that

(a)if, having regard to all the circumstances of the case, it is
not possible to establish different degrees of fault, the liability
shall be apportioned equally; and

(b)nothing in this section shall operate so as to render any vessel
liable for any loss or damage to which her fault has not
contributed; and

(c)nothing in this section shall affect the liability of any person
under a contract of carriage or any contract, or shall be construed
as imposing any liability upon any person from which he is exempted
by any contract or by any provision of law, or as affecting the
right of any person to limit his liability in the manner provided
by law.

(2) For the purposes of this Act, the expression "freight" includes
passage money and hire, and references to damage or loss caused by
the fault of a vessel shall be construed as including references to
any salvage or other expenses, consequent upon that fault,
recoverable at law by way of damages.

MARITIME CONVENTIONS ACT 1911 - SECT 2
Damages for personal injuries.

2. Where loss of life or personal injuries are suffered by any
person on board a vessel owing to the fault of that vessel and of
any other vessel or vessels, the liability of the owners of the
vessels shall be joint and several:

Provided that nothing in this section shall be construed as
depriving any person of any right of defence on which, independently
of this section, he might have relied in an action brought against
him by the person injured, or any person or persons entitled to
sue in respect of such loss of life, or shall affect the right of
any person to limit his liability in cases to which this section
relates in the manner provided by law.

MARITIME CONVENTIONS ACT 1911 - SECT 3
Right of contribution.

3.(1) Where loss of life or personal injuries are suffered by any
person on board a vessel owing to the fault of that vessel and
any other vessel or vessels, and a proportion of the damages is
recovered against the owners of one of the vessels which exceeds
the proportion in which she was in fault, they may recover by way
of contribution the amount of the excess from the owners of the
other vessel or vessels to the extent to which those vessels were
respectively in fault:

Provided that no amount shall be so recovered which could not, by
reason of any statutory or contractual limitation of, or exemption
from, liability, or which could not for any other reason, have been
recovered in the first instance as damages by the persons entitled
to sue therefor.

(2) In addition to any other remedy provided by law, the persons
entitled to any such contribution as aforesaid shall, for the
purpose of recovering the same, have, subject to the provisions of
this Act, the same rights and powers as the persons entitled to
sue for damages in the first instance.

MARITIME CONVENTIONS ACT 1911 - SECT 4
Abolition of statutory presumptions of fault.

4.Subs.(1) rep. by SLR 1927

(2) The failure of the master or person in charge of a vessel to
comply with the provisions of section four hundred and twenty-two of
the Merchant Shipping Act, 1894, (which imposes a duty upon masters
and persons in charge of vessels after a collision to stand by and
assist the other vessel) shall not raise any presumption of law
that the collision was caused by his wrongful act, neglect, or
default, and accordingly subsection (2) of that section shall be
repealed.

S.5 rep. by 1956 c.46 s.55 sch.1 Pt.III

General duty to render assistance to persons in danger at sea.

MARITIME CONVENTIONS ACT 1911 - SECT 6

6.(1) The master or person in charge of a vessel shall, so far as
he can do so without serious danger to his own vessel, her crew
and passengers (if any), render assistance to every person, even if
such person be a subject of a foreign State at war with His
Majesty, who is found at sea in danger of being lost, and, if he
fails to do so, he shall be guilty of a misdemeanour.

(2) Compliance by the master or person in charge of a vessel with
the provisions of this section shall not affect his right or the
right of any other person to salvage.

MARITIME CONVENTIONS ACT 1911 - SECT 7
Apportionment of salvage amongst owners, &c., of foreign ship.

7. Where any dispute arises as to the apportionment of any amount
of salvage among the owners, master, pilot, crew, and other persons
in the service of any foreign vessel, the amount shall be
apportioned by the court or person making the apportionment in
accordance with the law of the country to which the vessel belongs.

Limitation of actions.

MARITIME CONVENTIONS ACT 1911 - SECT 8

8. No action shall be maintainable to enforce any claim or lien
against a vessel or her owners in respect of any damage or loss
to another vessel, her cargo or freight, or any property on board
her, or damages for loss of life or personal injuries suffered by
any person on board her, caused by the fault of the former vessel,
whether such vessel be wholly or partly in fault, or in respect of
any salvage services, unless proceedings therein are commenced within
two years from the date when the damage or loss or injury was
caused or the salvage services were rendered, and an action shall
not be maintainable under this Act to enforce any contribution in
respect of an overpaid proportion of any damages for loss of life
or personal injuries unless proceedings therein are commenced within
one year from the date of payment:

Provided that any court having jurisdiction to deal with an action
to which this section relates may, in accordance with the rules of
court, extend any such period, to such extent and on such
conditions as it thinks fit, and shall, if satisfied that there has
not during such period been any reasonable opportunity of arresting
the defendant vessel within the jurisdiction of the court, or within
the territorial waters of the country to which the plaintiff's ship
belongs or in which the plaintiff resides or has his principal
place of business, extend any such period to an extent sufficient
to give such reasonable opportunity.

MARITIME CONVENTIONS ACT 1911 - SECT 9
Application of Act.

9.(1) This Act shall extend throughout His Majesty's dominions and
to any territories under his protection, and to Cyprus:

Provided that it shall not extend to the Dominion of Canada, the
Commonwealth of Australia, the Dominion of New Zealand, ....

Subs.(2) rep. by SLR 1927

(3) The provisions of this Act shall be applied in all cases heard
and determined in any court having jurisdiction to deal with the
case and in whatever waters the damage or loss in question was
caused or the salvage services in question were rendered ...

(4) This Act shall apply to any persons, other than the owners,
responsible for the fault of the vessel as though the expression
"owners" included such persons, and in any case where, by virtue of
any charter or demise, or for any other reason, the owners are not
responsible for the navigation and management of the vessel, this
Act shall be read as though for references to the owners there
were substituted references to the charterers or other persons for
the time being so responsible.

MARITIME CONVENTIONS ACT 1911 - SECT 10
Short title and construction.

10. This Act may be cited as the Maritime Conventions Act, 1911,
and shall be construed as one with the Merchant Shipping Acts, 1894
to 1907.