Merchant Shipping (Part 11. Registry.)

Registry of British Ship

XLII. As soon as the foregoing requisites to the due Registry Particulars of of a Ship have been complied with, the Registrar shall enter in Eatry in Rethe Register Book the following Particulars relating to such Ship; (that is to say,)

(1.) The Name of the Ship and of the Port to which she belongs:

(2.) The Details as to her Tonnage, Build, and Description comprised in the Certificate herein-before directed to be given by the Surveyor:

(3.) The Several Particulars as to her Origin stated in the Declaration of Ownership:

(4.) The Names and Descriptions of her registered Owner or Owners, and if there is more than One such Owner, the Proportions in which they are interested in such Ship.

gister Book.

Trusts.

XLIII. No Notice of any Trust, express, implied, or construc- No Notice tive, shall be entered in the Register Book, or receivable by the taken of Registrar; and, subject to any Rights and Powers appearing by the Register Book to be vested in any other Party, the registered Owner of any Ship or Share therein shall have power absolutely to dispose in manner herein-after mentioned of such Ship or Share, and to give effectual Receipts for any Money paid or advanced by way of Consideration.

Certificate of Registry.

Certificate of
Registry.

XLIV. Upon the Completion of the Registry of any Ship the Certificate of Registrar shall grant a Certificate of Registry in the Form Registry to be granted. marked D. in the Schedule hereto, comprising the following Particulars; (that is to say,)

(1.) The Name of the Ship and of the Port to which she belongs:

(2.) The Details as to her Tonnage, Build, and Description comprised in the Certificate herein-before directed to be given by the Surveyor:

(3.) The Name of her Master:

(4.) The several Particulars as to her Origin stated in the Declaration or Declarations of Ownership:

(5.) The Names and Descriptions of her registered Owner or Owners, and if there is more than One such Owner, the Proportions in which they are respectively interested, indorsed upon such Certificate.

Certificate of
Registry.

Change of

Owners to be

indorsed on Certificate of Registry.

Change of
Master to be
indorsed on

Certificate of
Registry.

Power to grant new Certificate.

Provision in

case of Loss

Merchant Shipping (Part II. Registry.)

XLV. Whenever any Change takes place in the registered Ownership of any Ship, then, if such Change occurs at a Time when the Ship is at her Port of Registry, the Master shall forthwith deliver the Certificate of Registry to the Registrar, and he shall indorse thereon a Memorandum of such Change; but if such Change occurs during the Absence of the Ship from her Port of Registry, then upon her first Return to such Port the Master shall deliver the Certificate of Registry to the Registrar, and he shall indorse thereon a like Memorandum of the Change; or if she previously arrives at any Port where there is a British Registrar, such Registrar shall, upon being advised by the Registrar of her Port of Registry of the Change having taken place, indorse a like Memorandum thereof on the Certificate of Registry, and may for that Purpose require the Certificate to be delivered to him, so that the Ship be not thereby detained; and any Master who fails to deliver to the Registrar the Certificate of Registry as herein-before required shall incur a Penalty not exceeding One Hundred Pounds.

XLVI. Whenever the Master of any British registered Ship is changed, the following Persons, that is to say, if such Change is made in consequence of the Sentence of any Naval Court, the presiding Officer of such Court, but if the Change takes place from any other Cause, the Registrar, or if there is no Registrar the British Consular Officer resident at the Port where such Change takes place, shall indorse on the Certificate of Registry a Memorandum of such Change, and subscribe his Name to such Indorsement, and forthwith report the Change of Master to the Commissioners of Customs in London; and the Officers of Customs at any Port situate within Her Majesty's Dominions may refuse to admit any Person to do any Act at such Port as Master of any British Ship, unless his Name is inserted in or indorsed upon the Certificate of Registry of such Ship as the last appointed Master thereof.

XLVII. The Registrar may, with the Sanction of the Commissioners of Customs, upon the Delivery up to him of the former Certificate of Registry, grant a new Certificate in the Place of the one so delivered up.

XLVIII. In the event of the Certificate of Registry of any Ship of Certificate, being mislaid, lost, or destroyed, if such Event occurs at any Port in the United Kingdom, the Ship being registered in the United Kingdom, or at any Port in any British Possession, the Ship being registered in the same British Possession, then the Registrar of her Port of Registry shall grant a new Certificate of Registry in lieu of and as a Substitute for her original Certificate of Registry; but if such Event occurs elsewhere, the Master or some other Person having Knowledge of the Circumstances shall make a Declaration before the Registrar of

any

Merchant Shipping (Part II. Registry.)

any Port having a British Registrar at which such Ship is at the Time or first arrives after such Mislaying, Loss, or Destruction; and such Declaration shall state the Facts of the Case, and the Names and Descriptions of the registered Owners of such Ship, to the best of the Declarant's Knowledge and Belief; and the Registrar shall thereupon grant a Provisional Certificate as near to the Form appointed by this Act as Circumstances permit, and shall insert therein a Statement of the Circumstances under which such Provisional Certificate. is granted.

Certificate of
Registry.

up.

XLIX. Every such Provisional Certificate shall, within Ten Provisional Days after the first subsequent Arrival of the Ship at her Port of Certificate to Discharge in the United Kingdom, if registered in the United be delivered 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 grant a new one, as near to the Form appointed by this Act as Circumstances permit; and if the Master neglects to deliver up such Certificate within such Time he shall incur a Penalty not exceeding Fifty Pounds.

-quired.

L. The Certificate of Registry shall be used only for the Custody of lawful Navigation of the Ship, and shall not be subject to Certificate. Detention by reason of any Title, Lien, Charge, or Interest whatsoever which any Owner, Mortgagee, or other Person may have or claim to have on or in the Ship described in such Certificate; and if any Person whatever, whether interested or not Delivery of in the Ship, refuses on Request to deliver up such Certificate Certificate when in his Possession or under his Control to the Person for the may be reTime being entitled to the Custody thereof for the Purposes of such lawinl Navigation as aforesaid, or to any Registrar Officer of the Customs, or other Person legally entitled to require such Delivery, it shall be lawful for any Justice, by Warrant under his Hand and Seal, or for any Court capable of taking cognizance of such Matter, to cause the Person so refusing to appear before him and to be examined touching such Refusal; and Penalty for unless it is proved to the Satisfaction of such Justice or Court Detention. that there was reasonable Cause for such Refusal the Offender shall incur a Penalty not exceeding One hundred Pounds; but if it is made to appear to such Justice or Court that the Certificate is lost, the Party complained of shall be discharged, and such Justice or Court shall thereupon certify that the Certificate of Registry is lost.

Mode of pro

LI. If the Person charged with such Detainer or Refusal is proved to have absconded, so that the Warrant of the Justice or ceeding, if Process of the Court cannot be served upon him, or if he persists detaining Par in his Refusal to deliver the Certificate, such Justice or Court

ty abscond

Certificate of
Registry.

Penalty for

using improper Certificate.

Certificate of

Ship lost or British to be delivered up.

ceasing to be

Provisional

Merchant Shipping (Part II. Registry.)

shall certify the Fact, and the same Proceedings may then be taken as in the Case of a Certificate of Registry mislaid, lost, or destroyed, or as near thereto as Circumstances permit.

LII. If the Master or Owner of any Ship uses or attempts to use for the Navigation of such Ship a Certificate of Registry not legally granted in respect of such Ship, he shall be guilty of a Misdemeanor, and it shall be lawful for any Commissioned Officer on Full Pay in the Military or Naval Service of Her Majesty, or any British Officer of Customs, or any British Consular Officer, to seize and detain such Ship, and to bring her for Adjudication before the High Court of Admiralty in England or Ireland or any Court having Admiralty Jurisdiction in Her Majesty's Dominions; and if such Court is of opinion that such Use or Attempt at Use has taken place, it shall pronounce such Ship, with her Tackle, Apparel, and Furniture, to be forfeited to Her Majesty, and may award such Portion of the Proceeds arising from the Sale of such Ship as it may think just to the Officer so bringing in the same for Adjudication.

LIII. If any registered Ship is either actually or constructively lost, taken by the Enemy, burnt, or broken up, or if by reason of a Transfer to any Persons not qualified to be Owners of British Ships, or of any other Matter or Thing, any such Ship as aforesaid ceases to be a British Ship, every Person who at the Time of the Occurrence of any of the aforesaid Events owns such Ship or any Share therein shall, immediately upon obtaining Knowledge of any such Occurrence, if no Notice thereof has already been given to the Registrar at the Port of Registry of such Ship, give such Notice to him, and he shall make an Entry thereof in his Register Book; and, except in Cases where the Certificate of Registry is lost or destroyed, the Master of every Ship so circumstanced as aforesaid shall immediately, if such Event occurs in Port, but if the same occurs elsewhere, then within Ten Days after his Arrival in Port, deliver the Certificate of Registry of such Ship to the Registrar, or, if there be no Registrar, to the British Consular Oflicer at such Port, and such Registrar if he is not himself the Registrar of her Port of Registry, or such British Consular Officer, shall forthwith forward the Certificate so delivered to him to the Registrar of the Port of Registry of the Ship; and every Owner and Master who, without reasonable Cause, makes default in obeying the Provisions of this Section shall for each Offence incur a Penalty not exceeding One hundred Pounds.

LIV. If any Ship becomes the Property of Persons qualified to Certificate for be Owners of British Ships at any Foreign Port, the British Ship becoming Consular Officer resident at such Port may grant the Master of fish Owners at such Ship, upon his Application, a Provisional Certificate, Foreign Port. stating

vested in Bri

The

Merchant Shipping (Part II. Registry.)

The Name of the Ship;

The Time and Place of her Purchase, and the Names of her

Purchasers;

The Name of her Master;

The best Particulars as to her Tonnage, Build, and Description that he is able to obtain;

And he shall forward a Copy of such Certificate, at the first convenient Opportunity, to the Commissioners of Customs in London: The Certificate so granted shall possess the same Force as a Certificate of Registry until the Expiration of Six Months, or until such earlier Time as the Ship arrives at some Port where there is a British Registrar; but upon the Expiration of such Period, or upon Arrival at such Port, shall be void to all intents.

Transfers and Transmissions.

Certificate of
Registry.

Transfers und
Transmissions.

Shares therein.

LV. A registered Ship or any Share therein, when disposed Transfer of of to Persons qualified to be Owners of British Ships, shall be Ships or transferred by Bill of Sale; and such Bill of Sale shall contain such Description of the Ship as is contained in the Certificate of the Surveyor, or such other Description as may be sufficient to identify the Ship to the Satisfaction of the Registrar, and shall be according to the Forin marked E. in the Schedule hereto, or as near thereto as Circumstannes permit, and shall be executed by the Transferrer in the Presence of and be attested by One or more Witnesses.

Tian feriee.

LVI. No Individual shall be entitled to be registered as Trans- Declaration to ferree of a Ship or any Share therein until he has made a Decla- be made by ration in the Form marked F. in the Schedule hereto, stating his Qualification to be registered as Owner of a Share in a British Ship, and containing a Denial similar to the Denial herein-before required to be contained in a Declaration of Ownership by an original Owner; and no Body Corporate shall be entitled to be registered as Transferree of a Ship or any Share therein until the Secretary or other duly appointed public Officer of such Body Corporate has made a Declaration in the Form marked G. in the Schedule hereto, stating the Name of such Body Corporate, and such Circumstances of its Constitution and Business as may prove it to be qualified to own a British Ship, and containing a Denial similar to the Denial hereinbefore required to be contained in a Declaration of Ownership made on behalf of a Body Corporate: In the Case of an Individual, the above Declaration shall be made, if he reside within Five Miles of the Custom House of the Port of Registry, in the Presence of the Registrar, but if beyond that Distance in the Presence of any Registrar or of any Justice of the Peace;