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The Lord Advocate v The Clyde Steam Navigation Co: HL 11 Mar 1875

Certain alterations made on a steam vessel necessitated a new registration owing to increase of tonnage thereby. The ship carried an awning deck above the main or tonnage deck, and separated from the forecastle by two gaps completely extending across the vessel, these gaps being only closed by moveable hatches, not fastened down and not watertight. Held that the space between the awning deck and the main-deck did not fall to be reckoned in computing the increase of tonage, as it was not (1) a ‘permanent closed-in space’ in terms of sub-section 4 of the Act; and (2) that it was not a ‘third deck commonly called a spar-deck’ within the meaning of sub-section 5.

Judges:

Lord Chancellor Cairns, Lords Hatherley, and O’Hagan

Citations:

[1875] UKHL 407, 12 SLR 407

Links:

Bailii

Jurisdiction:

England and Wales

Transport

Updated: 20 November 2022; Ref: scu.650103

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