Shipbuilding Act, 1933
CAP. LIV.
An act to amend and consolidate the law respecting the encouragement of
shipbuilding.
(Passed July 7, 1933)
Section
1. Interpretation.
2. Chief and Deputy Inspectors.
3. Rates of bounty.
4. Certain ships not to receive bounty.
5. Surveys.
6. Time of Accrual of right to bounty.
7. Fee for survey.
8. Payment of bounty.
9. Penalty upon inspector making false statements.
10. Alteration of Schedules by Regulation.
11. Repeals.
12. Short title.
Schedule A: Construction under.
Schedule B: Construction under.
Schedule C: Construction under.
Schedule D: Construction under.
Be it Enacted by the Governor, the Legislative
Council and House of Assembly, in Legislative Session convened, as
follows:
1. In the interpretation of this Act, unless the
context implies a different meaning:
a) The words “built and equipped” mean newly built
and equipped in this Dominion, with new materials, as specified in one
of the Schedules to this Act, or classed at Lloyds.
b) The word “ton” means ton by builder’s measurement.
c) The word “Inspector” means and includes the Chief
or a Deputy
Inspector.
d) The word “ship” includes every description of
vessel used in navigation not propelled by oars.
2. The Governor in council may appoint a Chief
Inspector and Deputy Inspectors of Shipping. So long as Lloyds have a
Surveyor in Newfoundland under an agreement with the Government of
Newfoundland, he shall be appointed Chief Inspector under this Act.
3. The following bounties may be paid in respect of
built and equipped ships suitable in the opinion of the Chief Inspector
for Commercial use in the table of the Dominion, and registered in the
Dominion: Provided that no such ship shall be entitled to bounty unless
a permit to build her shall have obtained from the Sectary of Public
Works before the commencement of building.
a) Upon ships not less than eighty tons, classed at
Lloyds, thirty dollars per ton up to one hundred and fifty tons; and
twenty dollars per ton for each ton in excess of one hundred and fifty.
b) Upon ships not less than twenty tons, built
according to Schedule A hereto, thirty dollars per ton up to 100 tons,
and sixteen dollars per ton on tonnage in excess of one hundred tons and
up to one hundred and fifty tons.
c) Upon ships not less than twenty tons, built
according to Schedule B hereto, twenty five dollars per ton up to 75
tons, and ten dollars per ton for each ton in excess of 75 and up to 100
tons.
d) Upon ships not less than twelve tons no more than
forty tons built according to Schedule C hereto, twenty dollars per ton.
e) Upon ships of not less than one hundred tons,
built according to Schedule D hereto, forty dollars per ton provided
that the Government shall not pay bounty on any amount of tonnage in
excess of 150 tons.
f) Ships built according to Schedules A, B, C, and D
shall be equipped with Lloyds tested chains and with anchors, chain
plates, deadeyes, hawse pipes, rigging and spars suitable to their
tonnage; in the case of sailing vessels, with sails suitable to their
tonnage; and in the case of motor vessels, with such sails as the
inspector may dream necessary for emergency use, all of which shall be
new.
g) If a ship whose hull is newly built with new
material according to one of the Schedules hereto be equipped in whole
or in part with previously used materials, two thirds of the bounty
which would be payable in respect of such ship if her equipment were new
shall be payable to her owner if a surveyor in addition to surveying and
certifying as in the case of a ship built and equipped within the
equipment provided is fit and proper for such ship.
h) It shall be lawful for the Minister of Finance and
Customs upon receiving a certificate signed by the Chief Inspector that
a motor vessel has been completed, built and equipped as provided herein
to cause to be refunded to the owner of such motor vessel in addition to
the duties referred to in Item 359 (a) of Schedule B of the Revenue Act,
1925, the duty and sales tax upon the motor engines and accessories
thereto imported into the Dominion for use in and installed in such
motor vessel and so certified by the Chief Inspector.
4. No bounty shall be paid in respect of a ship built
and equipped which has not been classed at Lloyds or surveyed by an
Inspector, or concerning which, if not so classed, an Inspector has not
certified in writing that he has duly surveyed her, and found her to be
built and equipped as provided herein.
5. No bounty shall be paid in respect of any ship
built and equipped according to Schedule A, B, C or D hereto unless such
ship has been surveyed:
a) When the frames, beams and knees are in place, and
before they are covered by planking;
b) When the ship has been planked; and she is ready
for launching; and
c) Upon the completion of the ship, and the fitting
of the gear and equipment;
d) Provided that in the case of a ship not surveyed
as herein before specified:
I) If a permit to build shall have been obtained as
herein before provided; and
II) If the builder of such ship make affidavit before
a Justice of the Peace, stating the efforts that have been made by him
to have surveys made as herein before provided, and that to the best of
his knowledge and belief the ship has been built and equipped as
provided in a named Schedule to this Act; and
III) If a competent shipbuilder other than the
builder of the ship make affidavit before a Justice of the Peace that he
has surveyed such ship, and that to the best of his knowledge and belief
she is built and equipped as provided in the said Schedule to this Act;
and
IV) If upon a survey by an Inspector, after
completion, a certificate be given by him that to the best of his
knowledge and belief the ship is built and equipped according to the
said Schedule to this Act; and
V) If the proper survey fees have been paid a bounty
shall be paid in respect of such ship under Section 3 of this Act,
according to the Schedule the Inspector has certified the ship to have
complied with.
VI) The right to bounty under this Act shall be held
to accrue or to have accrued, if at all, upon the final survey herein
provided for being made.
VII) The owner of every ship surveyed hereunder shall
pay to the Minister of Finance and Customs a fee of ten cents per ton,
recoverable before a Stipendiary Magistrate by an action in the name of
the said Minister.
VIII) Upon receiving the certificate or certificates
of the Chief Inspector, and after the fee for surveying a ship has been
paid, the Minister of Finance and Customs shall cause the proper bounty
to be paid out of the Consolidated Revenue Fund to the owner, or the
nominee of the owner, of any ship in respect of which such bounty is due
and payable.
IX) For Making any willfully false statement in
relation to the survey of any ship, or for willfully or negligently
giving any ship a class to which she was not entitled, an Inspector,
upon conviction in a summary proceeding before a Stipendiary Magistrate,
shall be liable to a penalty not exceeding one thousand dollars, or in
default, to imprisonment not exceeding one year.
X) The Governor in Council may from time to time by
rules and regulations to be published in the Newfoundland Gazette add
to, alter, vary or amend the various clauses or matters comprised in the
Schedules A, B, C and D, or any of them, relating to the construction of
ships.
XI) The Act 15 Geo. V., Cap. 23 entitled “An Act
Respecting the Encouragement of Shipbuilding and Rebuilding,” and the
Act 16 and 17 Geo. V., Cap 23, entitled “An Act to Amend the Act 15 and
16 Geo. V., Cap. 23 (1925) entitled ‘An Act Respecting the Encouragement
of Shipbuilding and Rebuilding’” and the Act 20 Geo. V., Cap. 24
entitled “An Act to Amend the Act 15 Geo. V. Cap. 23, entitled ‘An Act
Respecting the Encouragement of Shipbuilding and Rebuilding’ and Acts in
amendment thereof” are hereby repealed.
XII) This Act may be cited as The Shipbuilding Act,
1933.
Schedule A.
Vessels Claiming Bounty
The thickness of plank used in planking, ceiling and
decking shall be:
For vessels from twenty to thirty tons: planking, not
less than two inches; ceiling, two inches; decking two and three eighth
inches. Timber framing not less than 5 inches.
For vessels from thirty to forty tons: planking, two
and a quarter inches; ceiling, two inches; decking, two and a half
inches. Timber framing not less than 5 and half inches.
For vessels from forty to sixty tons: planking, two
and a half inches; ceiling, two and a quarter inches; decking, two and
three quarter inches. Timber framing not less than six inches.
For vessels from sixty to ninety tons: planking, not
less than two and three quarter inches; ceiling, two and one quarter
inches; decking, three inches. Timber framing not less than six and a
half inches.
For vessels from ninety tons upward: planking, not
less than three inches; ceiling, two and a half inches; decking, three
inches. Timber framing not less than 7 inches.
Plank and ceiling shall be through fastened; there
shall be one bolt or treenail in each timber for every strake of plank
and ceiling in all vessels over twenty five tons.
Vessels under that measurement may be fastened under
the bilge with galvanized or composition nails, one in each timber for
every strake of plank. Nails are not to be used in substitute for bolts
in planking vessels over thirty tons.
All planks over seven inches in width shall have two
bolts or treenails in each timber, and caulked outside and wedged
inside.
The frame shall be good, squared sound timbers, which
shall not be more than five inches apart and thoroughly fastened
together with fore and aft bolts.
For planking there shall not be less than five feet
shift between the butts and two butt bolts and one rivet bolt through
each butt.
In timbering a vessel there shall be two treenails in
each locking, and the locking shall be keyed.
Any vessel with raised deck shall have main deck go
aft under the raised deck to the next beam. The raised deck beam shall
have a rivet bolt through and bolted two feet apart; deck knees between
the beams, fore and aft stringers at bilge, one inch thicker than
ceiling, and to be two to four feet wide according to tonnage.
One stringer at each side of the bow with breast
hook; one pair pointers aft.
Plates for bob-stay and fore-stay shall come back on
main plank eighteen inches long, and shall have three bolts in each
plate.
For stem, keel and stern-post there shall be good
dove-tail plates.
Each vessel shall have a good windlass and windlass
bitts riveted and bolted through the beams.
Each vessel shall be supplied with two pumps.
Each vessel shall be furnished with Lloyd’s testes
chains of suitable size and lengths, anchors, chain plates, deadeyes,
hawse pipes, rigging, sails and spars according to tonnage, all of which
shall be new.
In all vessels the keel, stem, stern-post, the
outside planking from the keel to the light water line, shall be of
birch, juniper or other good sound hardwood and the inside bilge planks
shall be one inch thicker than the plank above the bilges. The planking
from the bilges upwards may be of juniper or good sound spruce.
Vessels over seventy tons shall be iron strapped four
straps on each side. Three masted schooners to have six straps on each
side, opposite the rigging. In the building of all vessels three strakes
of planking shall intervene between butts fixed to the same timber. All
timber used in the construction of such vessel shall be seasoned.
Schedule B.
Vessels Claiming Bounty
Thickness of plank used in planking, ceiling and
decking shall be:
For vessels from twenty to thirty tons: planking on
top sides not less than two inches; under top sides, one and three
quarter inches; ceiling, one and one half inches; decking, two inches.
Timbers not more than seven inches apart.
For vessels from thirty to forty tons: planking on
top sides, two and one half inches; under top sides, two and one quarter
inches; ceiling, one and three quarter inches; decking, two and one
quarter inches. Timbers not more than seven inches apart.
For vessels from sixty to seventy-five tons:
planking, two and one half inches; ceiling, two and one quarter inches;
decking, two and three quarter inches. Timbers not more than five inches
apart.
For vessels of seventy five tons and upwards:
planking, two and three quarter inches; ceiling, two and one half
inches; decking, two and three quarter inches. Timbers not more than
five inches apart.
Plank and ceiling shall be through fastened; there
shall be one bolt or treenail in each timber for every strake of plank
or ceiling in all vessels over thirty tons.
Vessels less than forty tons may be fastened under
the bilge with galvanized or composition nails, one in each timber for
every strake of plank. Nails are not to be used in substitution for
bolts in planking vessels over forty tons.
In vessels from thirty tons upwards with flush decks,
the decking may be one quarter inch less in thickness.
All planks over seven inches in width shall have two
bolts or treenails in each timber, treenails to be caulked outside and
wedged inside.
The frame shall be of good, squared, sound timbers,
thoroughly fastened together, and of sizes as per Schedule A.
For planking there shall not be less than four and
one half feet between the butts, and two spikes and one rivet bolt
through each butt.
In timbering a vessel there shall be two treenails in
each locking, and the locking shall be keyed.
Any vessel with a raised deck shall have main decks
go aft under the raised deck to the next beam. The raised deck beam
shall have a rivet or screw bolt through and bolted, two feet apart,
deck knees between the beams, fore and aft stringers at bilge, one inch
thicker than ceiling, and to be two to four feet wide, according to
tonnage. One stringer each side of the bows, with breast hooks, one pair
pointers aft.
Plates for bob-stay and fore-stay shall come back on
main plank, eighteen inches long, and shall have three bolts in each
plate.
For stem, keel and stern post there shall be good
dovetail plates.
Each vessel shall have a good windlass, and windlass
bitts riveted and bolted through beams.
Each vessel shall be furnished with Lloyd’s tested
chains of suitable sizes and lengths, anchors, chain plates, deadeyes,
hawse pipes, rigging, sails and spars, according to tonnage, all of
which shall be new.
Each vessel shall be supplied with two pumps.
In all vessels the keel, stem, stern-post and outside
planking from the keel to the light water line shall be of birch,
juniper or other good, sound hardwood, and the inside bilge planks shall
be one inch thicker than the plank above the bilges. The planking from
the bilges upward may be of juniper or good sound spruce.
Every vessel shall have as many pairs of additional
strap-iron knees as the Inspector or Deputy Inspector shall deem
necessary.
In the building of all vessels three strakes of the
planking shall intervene between butts fixed to the same timber.
Schedule C
Vessels Claiming Bounty
The thickness of plank used in planking, ceiling and
decking shall be:
For vessels from twelve to twenty tons: planking, not
less than one and a quarter inches; ceiling, one and one eighth inches;
decking, one and a quarter inches. Timbers not more than twelve inches
apart.
For vessels from twenty to thirty tons: planking, two
inches; ceiling, one and one half inches; decking, two inches. Timbers
not more than eight inches apart.
Plank and ceiling shall be through fastened; there
shall be one bolt or treenail in each timber for every strake of plank
or ceiling in all vessels over thirty tons.
Vessels under this Schedule may be fastened under the
bilge with galvanized or composition nails, one in each timber for every
strake of plank.
All plank over nine inches in width shall have two
bolts or treenails in each timber, treenails to be caulked outside and
wedged inside, for all vessels over thirty tons.
The frames shall be of good, sound timbers thoroughly
fastened together, and of sizes as per Schedule A.
For planking, there shall not be less than four feet
shift between the butts, and one rivet through each butt.
In timbering a vessel, there shall be two treenails
in each locking and the locking shall be keyed.
Any vessel with a raised deck shall have main deck go
aft under the raised deck to the next beam. The raised deck beam shall
have screw-bolts or rivet-bolts spaced two feet apart, deck knees
between the beams, fore and aft stringers at bilge, one inch thicker
than ceiling, and to be two to four feet wide, according to tonnage for
vessels over thirty tons.
One pair of stingers each side of the bow, with
breast hooks, for vessels over thirty tons.
For stem, keel and stern-post there shall be good
dove-tail plates.
Each vessel shall have a good windlass and windlass
bitts, riveted and bolted through beams.
Every vessel under thirty tons shall be supplied with
at least one pump and every vessel over thirty tons with at least two
pumps.
In the building of all vessel under thirty tons, two
strakes, and of all vessels over that tonnage three strakes of the
planking shall intervene between butts fixed to the same timber.
Each vessel shall be furnished with Lloyd’s tested
chains of suitable sizes and lengths, anchors, chain plates, deadeyes,
hawse pipes, rigging, sails and spars, according to tonnage, all of
which shall be new.
In all vessels the keel, stem, stern-post, the
outside planking from the keel to the light water line, shall be of
birch, juniper or other good, sound hardwood. The planking from the
bilges upwards may consist of juniper or good sound spruce
Schedule D
Motor Vessels Suitable for the Seal Fishery Claming
Bounty
Vessels claiming bounty under this Schedule shall be
of not less than 100 tons. They shall be well and substantially built
and be fitted with double stern posts forming a propeller aperture.
The dimensions of the stem, stern posts, keel, etc,
shall be as follows:
Stem – Stem to be at least twelve inches sided and
molded and fitted with false stem.
Keel – Keel to be at least twelve inches sided and
molded, and be fitted with a keel shoe
at least three inches deep.
Keelson – Keelson to be fitted not less than twelve
inches sided and molded.
Inner Stern Post – Inner stern post to be at least
twelve inches square at ends, and to be
increased in thickness in way of stern tube so that
there shall be not less
than three inches of solid wood around stern tube.
Outer Stern Post – Outer stern post to be at least
twelve inches square.
Frame – The frame to be of good sound squared
timbers, at least seven inches sided and
molded. The timbers to be spaced not more than five
inches apart, and to be
thoroughly fastened together with fore and aft bolts.
There shall be two treenails
in each locking of timbers and the locking shall be
keyed.
Planking – Planking to be not less than three inches
thick. All planks over seven inches
in width to have two bolts in each timber, or two
treenails caulked outside and
wedged inside. There shall be not less than five feet
shift between the butts,
and two butt fastenings and one rivet bolt through
each butt. Three strakes of
planking shall intervene between two butts fixed to
the same timber.
Planking – Plank and ceiling shall be through
fastened. At least one half of the fastenings
in the vessel shall be treenails.
Ceiling – Ceiling to be not less than three inches
thick. Fore and aft stringers at bilge to
be one inch thicker than ceiling, and to be three to
four feet wide according to
tonnage.
Decking – Deck planking to be three inches thick.
Three strakes of decking shall
intervene between two butts on the same beam.
Deck Beams – Deck beams to be at least nine inches
sided and molded, but may be
reduced to seven and half inches molded at ends. Deck
knees to be fitted
between the beams.
Stringer – Stringer at each side of bow, with breast
hook to be fitted. An additional
breast hook to be fitted between stringer and deck.
Pointers – Pointers to be fitted at stern.
Raised Deck- Where a raised deck is fitted, the main
deck shall extend aft under raised
deck to at least the next beam. The raised deck beam
shall have rivet bolts
through spaced not more than two feet apart.
Sheathing – Vessels under this Schedule shall be
sheathed with green-heart or other
approved hardwood not less than one half inch thick.
The sheathing to
extend from covering board down for a distance of at
least seven and a half
feet. Iron stem plate to be fitted, and iron bow
plates to be fitted to extend
two feet bow in on main plank.
Wood Rudder – Where a vessel is fitted with a wood
rudder the diameter of the rudder
head shall be at least twelve inches, and the rudder
blade shall be
protected with iron sheathing.
Iron Rudder – Where an iron rudder is fitted, the
diameter of the rudder head shall be not
less than four and quarter inches and the rudder
shall be constructed to the
satisfaction of the Inspector. Cast iron not be used
for rudder braces,
gudgeons or pintles.
Material – In vessels built to this Schedule, the
keel, stem, sternpost, and outside planking
from keel to load line, shall be of birch, juniper,
or other good sound
hardwood.
Propeller Aperture – The framework of the propeller
aperture shall be efficiently
strengthened by fitting, either wood knees or iron
knees to the
satisfaction of the Inspector.
Dovetail Plates – Good dovetail plates to be fitted
to keel and stem.
Bob-Stay Plates – Bob-stay and fore-stay plates shall
extend aft on main planking at least
eighteen inches and shall have three bolts in each
plate.
Iron Knees – Iron knees to be fitted at least four
knees on each side of vessel. Three mast
vessels to have six knees on each side, two opposite
each rigging. The
fastening in knees to be not less than seven-eights
of an inch in diameter.
Windlass – Each vessel shall be fitted with a good
approved windlass, and windlass bitts
rivetted and bolted through the beams.
Pumps – Each vessel shall be fitted with two pumps of
an approved type. The diameter
of the barrels to be four inches, and the tail piping
to be three inches in
diameter.
Equipment – Each vessel shall be furnished with
Lloyds test chain cables of suitable size
and lengths, anchors, chain-plates, deadeyes, hawse
pipes, rigging, sails and
spars, according to tonnage, all of which shall be
new.
Motor Engines – Each vessel shall be fitted with a
Motor Engine capable of developing
one brake horse-power to each gross ton of the
vessel. All the
machinery shall be fitted to the satisfaction of the
Inspector of
Machinery. The size of propeller shafting, type of
propeller, and the
like requirements shall be subject to the approval of
the Inspector of
Machinery.
Fuel Tanks – Each vessel shall be fitted with oil
fuel tanks of a capacity to carry at least
two thousand imperial gallons.
|