LIMITATION OP SHIPOWNERS' LIABILITY.—The owner of a British sea-going ship, or of any share therein, is not liable at all for any loss or damage happening without his actual fault or privity in the following cases :—(i) Where any goods, merchandise, or other things whatsoever taken in or put on board his ship are lost or damaged by reason of fire on board the ship ; or (ii) where any gold, silver, diamonds, watches, jewels, or precious stones taken in or put on board his ship, the true nature and value of which have not at the time of shipment been declared by the owner or shipper thereof to the owner or the master of the ship in the bills of lading or other wise in writing, are lost or damaged by reason of any robbery, embezzle ment, making away with, or secreting thereof. And the Merchant Shipping Act, 1804, also provides that the owners of a ship, British or foreign, are only liable to ft limited extent in the event of any of the following occurrences taking place without their actual fault or privity:—(a) Where any loss of life or personal injury is caused to any person being carried in the ship ; (b) where any damage or loss is caused to any goods, merchan dise or other things whatsoever on board the ship; (c) where any loss of life or personal injury is caused by any person carried in any other vessel by reason of the improper navigation of the ship; (a) where iny loss or damage is caused to any other vessel, or to any goods, merchandise, or other things whatsoever on board any other vessel, by reason of the improper navigation of the ship. The extent of their liability- in these cases is thus limited :—(i) In respect of loss of life or personal injury, either alone or together with loss of or damage to vessels, goods, merchandise, or other things, to an aggregate amount not exceeding cElri for each ton of their ship's tonnage; and (ii) In respect of loss of or damage to vessels, goods, merchandise, or other things, whether there is in addition loss of life or personal injury or not, to an aggregate amount not exceeding J..)8 for each
ton of their ship's tonnage. For the purpose of calculating this tonnage, the tonnage of a steamship will be her gross tonnage without deduction on account of engine-room, and the tonnage of a sailing ship will be her registered tonnage. But there is never included in the tonnage any space occupied by seamen or apprentices and appropriated to their use which is duly certified under the regulations contained in the Merchant Shipping Act. Where a foreign ship has been, or can be, pleasured according to British law, her tonnage, as ascertained by that measurement will be her tonnage for the above purpose. And where a foreign ship has not been, and cannot be measured according to British law the court will order a measurement to be made by British officials. It should be noted that the owner of every sea going ship, or of a share therein, is liable for every such loss of life, personal injury, loss of or damage to vessels, goods, merchandise, arising on distinct occasions to the same extent as if no other loss, injury, or damage had arisen. Where several claims for damages are made, or expected to be made, against one owner, the court will determine the amount of the owner's liability and distribute it rateably among the different claimants. Part owners of a ship are entitled to an account one with the other in respect of' any payments made under their liability as owners. An insurance effected against the happening, without the owner's actual fault or privity, of any or all of the events in respect of which the owner's liability is limited as above, will not be invalid by reason of the nature of the risk. The passengers list is the proper evidence that a particular person was on board the ship at the time of his death. The remedy by action for damages for personal injuries caused by the negligence of a shipowner has now, by the Shipowners' Negligence (Remedies) Act, 1905, been enlarged so as to permit, under certain circumstances, the detention of the ship in port, as security for damages.