Certificates of Rules as to Merchant Shipping (Part II. Registry.) (4.) Whenever the Certificate contains a Specification of the Place or Places at which, and a Limit of time not exceeding Twelve Months within which, the Power is to be exercised, no Mortgage bona fide made to a Mortgagee without Notice shall be impeached by reason of the Bankruptcy or Insolvency of the Person by whom the Power was given: (5.) Every Mortgage which is so registered as aforesaid on the Certificate shall have Priority over all Mortgages of the same Ship or Share created subsequently to the Date of the Entry of the Certificate in the Register Book; and if there be more Mortgages than One so indorsed the respective Mortgagees claiming thereunder shall, notwithstanding any express, implied, or constructive Notice, be entitled one before the other according to the Date at which a Record of each Instrument is indorsed on the Certificate, and not according to the Date of the Instrument creating the Mortgage : (6.) Subject to the foregoing Rules every Mortgagee whose Mortgage is registered on the Certificate shall have the same Rights and Powers and be subject to the same Liabilities as he would have had and been subject to if his Mortgage had been registered in the Register Book instead of on the Certificate: (7.) The Discharge of any Mortgage so registered on the Certificate may be indorsed thereon by any Registrar or British Consular Officer, upon the Production of such Evidence as is hereby required to be produced to the Registrar on the Entry of the Discharge of a Mortgage in the Register Book; and upon such Indorsement being made, the Estate, if any, which passed to the Mortgagee shall vest in the same Person or Persons in whom the same would, having regard to intervening Acts and Circumstances, if any, have vested if no such Mortgage had been made: (8.) Upon the Delivery of any Certificate of Mortgage to the Registrar by whom it was granted he shall, after recording in the Register Book in such Manner as to preserve its Priority any unsatisfied Mortgage registered thereon, cancel such Certificate, and enter the Fact of such Cancellation in the Register Book; and every Certificate so cancelled shall be void to all Intents. LXXXI. The following Rules shall be observed as to Certificates of Sale; (that is to say,) Merchant Shipping (Part II. Registry.) (1.) No such Certificate shall be granted except for the Sale of an entire Ship: (2.) The Power shall be exercised in conformity with the Directions contained in the Certificate: (3.) No Sale bona fide made to a Purchaser for valuable Consideration shall be impeached by reason of the Person by whom the Power was given dying before the making of such Sale: (4.) Whenever the Certificate contains a Specification of the Place or Places at which, and a Limit of Time not exceeding Twelve Months within which, the Power is to be exercised, no Sale bona fide made to a Purchaser for valuable Consideration without Notice shall be impeached by reason of the Bankruptcy or Insolvency of the Person by whom the Power was given : (5.) Any Transfer made to a Person qualified to be the Owner of British Ships shall be by Bill of Sale in the form hereinbefore mentioned, or as near thereto as Circumstances permit : (6.) If the Ship is sold to a Party qualified to hold British Ships, the Ship shall be registered anew; but Notice of all Mortgages enumerated on the Certificate of Sale shall be entered in the Register Book : (7.) Previously to such Registry anew there shall be produced to the Registrar required to make the same the Bill of Sale by which the Ship is transferred, the Certificate of Sale, and the Certificate of Registry of such Ship: (8.) Such last-mentioned Registrarshall retain the Certificates of Sale and Registry, and after having indorsed on both of such Instruments an Entry of the Fact of a Sale having taken place, shall forward the said Certificates to the Registrar of the Port appearing on such Certificates to be the former Port of Registry of the Ship, and such lastmentioned Registrar shall thereupon make a Memorandum of the Sale in his Register Book, and the Registry of the Ship in such Book shall be considered as closed, except as far as relates to any unsatisfied Mortgages or existing Certificates of Mortgage entered therein : (9.) On such Registry anew the Description of the Ship contained in her original Certificate of Registry may be transferred to the new Register Book, without her being re-surveyed, Certificates of Mortgage and Sale. Power of Commissioners of Customs Sale. Merchant Shipping (Part II. Registry.) re-surveyed, and the Declaration to be made by the Purchaser shall be the same as would be required to be made by an ordinary Transferree: (10.) If the Ship is sold to a Party not qualified to be the Owner of a British Ship, the Bill of Sale by which the Ship is transferred, the Certificate of Sale, and the Certificate of Registry shall be produced to some Registrar or Consular Officer, who shall retain the Certificates of Sale and Registry, and having indorsed thereon the Fact of such Ship having been sold to Persons not qualified to be owners of British Ships shall forward such Certificates to the Registrar of the Port appearing on the Certificate of Registry to be the Port of Registry of such Ship; and such last-mentioned Registrar shall thereupon make a Memorandum of the Sale in his Register Book, and the Registry of the Ship in such Book shall be considered as closed, except so far as relates to any unsatisfied Mortgages or existing Certificates of Mortgage entered therein: (11.) If upon a Sale being made to an unqualified Person Default is made in the Production of such Certificates as are mentioned in the last Rule, such unqualified Person shall be considered by British Law as having acquired no Title to or Interest in the Ship; and further, the Party upon whose Application such Certificate was granted, and the persons exercising the power, shall each incur a Penalty not exceeding One hundred Pounds: (12.) If no Sale is made in conformity with the Certificate of Sale, such Certificate shall be delivered to the Registrar by whom the same was granted; and such Registrar shall thereupon cancel it, and enter the Fact of such Cancellation in the Register Book; and every Certificate so cancelled shall be void to all Intents. LXXXII. Upon Proof at any Time to the Satisfaction of the Commissioners of Customs that any Certificate of Mortgage or in case of Loss Sale is lost or so obliterated as to be useless, and that the of Certificate Powers thereby given have never been exercised, or if they have of Mortgage or been exercised then upon Proof of the several Matters and Things that have been done thereunder, it shall be lawful for the Registrar, with the Sanction of the said Commissioners, as Circumtances may require, either to issue a new Certificate, or to direct such Entries to be made in the Register Book, or such other Matter or Thing to be done as might have been made or done if no such Loss or Obliteration had taken place. LXXXIII. Merchant Shipping (Part II. Registry.) Certificates of Revocation of Sale. LXXXIII. The registered Owner for the Time being of any Ship or Share therein in respect of which a Certificate Certificates of of Mortgage or Sale has been granted, specifying the Place Mortgage and or Places where the Power thereby given is to be exercised, may, by an Instrument under his Hand made in the form 0. in the Schedule hereto, or as near thereto, as Circumstances permit, authorize the Registrar by whom such Certificate was granted to give Notice to the Registrar or Consular Officer, Registrars or Consular Officers, at such Place or Places, that such Certificate is revoked; and Notice shall be given accordingly; and all Registrars or Consular Officers receiving such Notice shall record the same, and shall exhibit the same to all Persons who may apply to them for the Purpose of effecting or obtaining a Mortgage or Transfer under the said Certificate of Mortgage or Sale; and after such Notice has been so recorded the said Certificate shall, so far as concerns any Mortgage or Sale to be thereafter made at such Place, be deemed to be revoked and of no Effect; and every Registrar or Consular Officer recording any such Notice shall thereupon state to the Registrar by whom the Certificate was granted, whether any previous Exercise of the Power to which such Certificate refers has taken place. Registry anew, and Transfer of Registry. Registry anew and Transfer of Registry. LXXXIV. Whenever any registered Ship is so altered as not Alteration in to correspond with the Particulars relating to her Tonnage or Ship to be reDescription contained in the Register Book, then, if such gistered. Alteration is made at a Port where there is a Registrar, the Registrar of such Port, but if made elsewhere, the Registrar of the First Port having a Registrar at which the Ship arrives after her Alteration, shall, on Application made to him, and on the Receipt of a Certificate from the proper Surveyor specifying the Nature of such Alteration, either retain the old Certificate of Registry and grant a new Certificate of Registry containing a Description of the Ship as altered, or indorse on the existing Certificate a Memorandum of such Alteration, and subscribe his Name to such Iudorsement; and the Registrar to whom such Application as aforesaid is made, if he is the Registrar of the Port of Registry of the Ship, shall himself enter in his Register Book the Particulars of the Alteration so made, and the Fact of such new Certificate having been granted or Indorsement having been made on the existing Certificate; but if he is not such last mentioned Registrar, he shall forthwith report such Particulars and Facts as aforesaid, accompanied by the old Certificate of Registry in Cases where a new one has been granted, to the Registrar of the Port of Registry of the Ship, who shall retain such old Certificate (if any), and enter such Particulars and Facts in his Register Book accordingly. Registry anew and Transfer of Registry. On Alteration ma be re quired. Merchan! Shipping (Part II. Registry.) LXXXV. When the Registrar to whom Application is made in Registry anew respect of any such Alteration as aforesaid is the Registrar of the Port of Registry, he may, if he thinks fit, instead of registering such Alteration, require such Ship to be registered anew in manner herein-before directed on the first Registry of a Ship, and if he is not such Registrar as lastly herein-before mentioned he may nevertheless require such Ship to be registered anew, but he shall in such last-mentioned Case grant a Provisional Certificate or make a Provisional Indorsement of the Alteration made in manner herein-before directed in Cases where no Registry anew is required, taking care to add to such Certificate or Indorsement a Statement that the same is made provisionally, and to insert in his Report to the Registrar of the Port of Registry of the Ship a like Statement. Grant of Pro visional Cerpect of Altera tificate in res tion. Consequence LXXXVI. Every such Provisional Certificate, or Certificate provisionally indorsed, shall, within Ten Days after the first subsequent Arrival of the Ship at her Port of Discharge in the United Kingdom, if registered in the United Kingdom, or, if registered elsewhere, at her Port of Discharge in the British Possession within which her Port of Registry is situate, be delivered up to the Registrar thereof, who shall thereupon cause such Ship to be registered anew in the same Manner in all respects as herein-before required on the first Registry of any Ship. LXXXVII. On Failure of such Registry anew of any Ship or of Omission to Registry of Alteration of any Ship so altered as aforesaid, such Ship shall be deemed not duly registered, and shall no longer be recognized as a British Ship. register anew. On Change of LXXXVIII. If upon any Change of Ownership in any Ship Owners, Re- the Owner or Owners desire to have such Ship registered anew, gistry anew may be grant- although such Registry anew is not required by this Act, it ed, if required. shall be lawful for the Registrar of the Port at which such Ship Registry may' be transferred from Port to Port, is already registered, on the Delivery up to him of the existing Certificate of Registry, and on the other Requisites to Registry, or such of them as the Registrar thinks material, being duly complied with, to make such Registry anew, and grant a Certificate thereof. LXXXIX. The Registry of any Ship may be transferred from one Port to another upon the Application of all Parties appearing on the Register to be interested in such Ship, whether as Owners or Mortgagees, such Application to be expressed by a Declaration in Writing made and subscribed, if the Party so required to make and subscribe the same resides at or within Five Miles of the Custom House of the Port from which such Ship is to be transferred, in the Presence of the Registrar of such |