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النشر الإلكتروني

Transfers and
Transmissions.

Registration

Merchant Shipping (Part II. Registry.)

in the Case of a Body Corporate the Declaration shall be made in the Presence of the Registrar of the Port of Registry.

LVII. Every Bill of Sale for the Transfer of any registered of Transfer. Ship, or of any Share therein, when duly executed, shall be produced to the Registrar of the Port at which the Ship is registered, together with the Declaration herein-before required to be made by a Transferree; and the Registrar shall thereupon enter in the Register Book the Name of the Transferree as Owner of the Ship or Share comprised in such Bill of Sale, and shall indorse on the Bill of Sale the Fact of such Entry having been made, with the Date and Hour thereof; and all Bills of Sale of any Ship or Shares in a Ship shall be entered in the Register Book in the Order of their Production to the Registrar.

Transmission

of Shares by Death, Bankruptcy or Marriage.

Proof of trans-
mission by
Bankruptcy,
Marriage,
Will, or on
Intestacy.

or

LVIII. If the Property in any Ship or in any Share therein becomes transmitted in consequence of the Death Bankruptcy or Insolvency of any registered Owner, or in consequence of the Marriage of any Female registered Owner, or by any lawful Means other than by a Transfer according to the Provisions of this Act, such Transmission shall be authenticated by a Declaration of the Person to whom such Property has been transmitted, made in the Form marked H. in the Schedule hereto, and containing the Several Statements herein-before required to be contained in the Declaration of a Transferree, or as near thereto as Circumstances permit, and, in addition, a Statement describing the Manner in which and the Party to whom such Porperty has been transmitted; and such Declaration shall be made and subscribed if the Declarant. resides at or 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.

LIX. If such Transmission has taken place by virtue of the Bankruptcy or Insolvency of any registered Owner, the said Declaration shall be accompanied by such Evidence as may for the Time being be receivable in Courts of Justice as Proof of the Title of Parties claiming under any Bankruptcy or Insolvency; and if such Transmission has taken place by virtue of the Marriage of a Female Owner, the said Declaration shall be accompanied by a Copy of the Register of such Marriage or other legal Evidence of the Celebration thereof, and shall declare the identity of the said Female Owner; and if such Transmission has taken place by virtue of any Testamentary Instrument or by Intestacy, then in England, Wales, and Ireland the said Declaration shall be accompanied by the Probate of the Will or the Letters of Administration or an official Extract therefrom, and in Scotland or in any British Possession

Merchant Shipping (Part II. Registry.)

Possession by the Will or any Copy thereof that may be Evidence by the Laws of Scotland or of such Possession, or by Letters of Administration or any Copy thereof, or by such other Document as may by the Laws of Scotland or of such Possession be receivable in the Courts of Judicature thereof as Proof of the Person entitled upon an Intestacy.

Transfers and
Transmissions.

LX. The Registrar, upon the Receipt of such Declaration so Registration accompanied as aforesaid, shall enter the Name of the Person of transmitted or Persons entitled under such Transmission in the Register Share. Book as Owner or Owners of the Ship or Share therein in respect of which such Transmission has taken place; and such Persons if more than One, shall, however numerous, be considered as One Person only as regards the Rule hereinbefore contained relating to the Number of Persons entitled to be registered as Owners.

Evidence.

LXI. Of the Documents hereby required to be produced to the Registrar to Registrar he shall retain in his Possession the following; that retain certain is to say, the Surveyor's Certificate, the Builder's Certificate, the Copy of the Condemnation, and all Declarations of Ownership.

sion may ap

LXII. Whenever any Property in a Ship or Share in a Ship be- Unqualified comes vested by Transmission on the Death of any Owner or on Ownerentitled the Marriage of any Female Owner in any Person not quali- by Transmis fied to be the Owner of British Ships, it shall be lawful, if such ply to Courts Ship is registered in England or Ireland for the Court of Chan- for sale of cery, ifin Scotland for the Court of Session, or if in any British Pos- Ship. session for any Court possessing the principal Civil Jurisdiction within such Possession upon an Application made by or on behalf of such unqualified Person, to order a Sale to be made of the Property so transmitted, and to direct the Proceeds of such Sale, after deducting the Expenses thereof, to be paid to the Person entitled under such Transmission, or otherwise as the Court may direct; and it shall be in the Discretion of any such Court as aforesaid to make or refuse any such Order for Sale, and to annex thereto any Terms or Conditions, and to require any Evidence in support of such Application it may think fit, and generally to act in the Premises in such Manner as the Justice of the Case requires.

Court.

LXIII. Every Order for a Sale made by such Court as aforesaid Order to be shall contain a Declaration vesting the Right to transfer the made by Ship or Share so to be sold in some Person or Persons named by the Court, and such Nominee or Nominees shall thereupon be entitled to transfer such Ship or Share in the same Manner, and to the same Extent, as if he or they were the registered Owner or Owners of the same; and every Registrar shall obey

the

Transfers and
Transmissions.

Limit of Time for Applicatior..

Power of

hibit Trans

fers.

Merchant Shipping (Part II. Registry.)

the Requisition of such Nominee or Nominees as aforesaid in respect of any Transfer to the same Extent as he would be compellable to obey the Requisitions of any registered Owner or Owners of such Ship or Share.

LXIV. Every such application as aforesaid for Sale shall be made within Four Weeks after the occurrence of the Event on which such Transmission has taken place, or within such further Time as such Court as aforesaid may allow, such Time not in any Case to exceed the Space of One Year from the Date of such Öccurrence as aforesaid; and in the event of no such Application being made within such Period as aforesaid, or of uch Court refusing to accede thereto, the Ship or Share so ransmitted shall thereupon be forfeited in manner herein-after directed with respect to Interests acquired by unqualified Owners in Ships using a British Flag and assuming the British Character.

LXV. It shall be lawful in England or Ireland for the Court of Courts to pro- Chancery, in Scotland for the Court of Session, in any British Possession for any Court possessing the principal civil Jurisdiction within such Possession, without Prejudice to the Exercise of any other Power such Court may possess, upon the summary Application of any interested Person made either by Petition or otherwise, and either ex parte or upon Service of Notice on any other Person, as the Court may direct, to issue an Order prohibiting for a Time to be named in such Order any Dealing with such Ship or Share; and it shall be in the Discretion of such Court to make or refuse any such Order, and to annex thereto any Terms or Conditions it may think fit, and to discharge such Order when granted with or without Costs, and generally to act in the Premises in such Manner as the Justice of the Case requires; and every Registrar, without being made a Party to the Proceedings, upon being served with such Order, or an official Copy thereof, shall obey the same.

Mortgages. Mortgage of Ships and Shares therein.

Mortgages to

Mortgage..

LXVI. A registered Ship or any Share therein may be made a Security for a Loan or other valuable Consideration; and the Instrument creating such Security, herein-after termed a "Mortgage," shall be in the Form marked I. in the Schedule hereto, or as near thereto as Circumstances permit; and on the Production of such Instrument the Registrar of the Port at which the Ship is registered shall record the same in the Register Book.

LXVII. Every such Mortgage shall be recorded by the Regisbe registered trar in the Order of Time in which the same is produced to him

for

Merchant Shipping (Part II. Registry.)

Mortgages.

for that Purpose; and the Registrar shall by Memorandum under in Order of his Hand, notify on the Instrument of Mortgage that the same Time of Prohas been recorded by him, stating the Date and Hour of such Record.

duction.

LXVIII. Whenever any registered Mortgage has been dis- Entry of Discharged, the Registrar shall on the Production of the Mortgage charge of Deed, with a Receipt for the Mortgage Money indorsed thereon, Mortgage. duly signed and attested, make an Entry in the Register Book to the Effect that such Mortgage has been discharged; and upon such Entry 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 ever been made.

LXIX. If there is more than One Mortgage registered of the Priority of same Ship or Share therein, the Mortgagees shall, notwith- Mortgages. standing any express, implied, or constructive Notice, be entitled in Priority one over the other according to the Date at which each Instrument is recorded in the Register Books, and not according to the Date of each Instrument itself.

LXX. A Mortgagee sha 1 not by reason of his Mortgage be Mortgagee not deemed to be the Owner of a Ship or any Share therein, nor to be deemed shall the Mortgagor be deemed to have ceased to be Owner of Owner. such morgaged Ship or Share, except in so far as may be necessary for making such Ship or Share available as a Security for the Mortgage Debt.

LXXI. Every registered Mortgagee shall have Power abso- Mortgagee to lutely to dispose of the Ship or Share in respect of which he is have Power of registered, and to give electual Receipts for the Purchase Sale. Money; but if there are more Persons than One registered as Mortgagees of the same Ship or Share, no subsequent Mortgagee shall, except under the Order of some Court capable of taking cognizance of such Maiters, sell such Ship or Share without the Concurrence of every prior Mortgagee.

LXXII. No registered Mortgage of any Ship or of any Share Rights of therein shall be affected by any Act of Bankruptcy committed Mortgagee by the Mortgagor after the Date of the Record of such Mort- not affected by any Act of gage, notwithstanding such Mortgagor at the Time of his Bankruptcy of becoming bankrupt may have in his Possession and Disposition Mortgagor. and be reputed Owner of such Ship or Share thereof; and such Mortgage shall be preferred to any Right, Claim, or Interest in such Ship or any Share thereof which may belong to the Assignees of such Bankrupt.

LXXIII.

Mortgages.

Transfer of
Mortgages.

Transmission

ruptcy, or Marriage.

Merchant Shipping (Part II. Registry)

LXXIII. A registered Mortgage of any Ship or Share in a Ship may be transferred to any Person, and the Instrument creating such Transfer shall be in the Form marked K. in the Schedule hereto, and on the Production of such instrument the Registrar shall enter in the Register Book the Name of the Transferree as Mortgagee of the Ship or Shares therein mentioned, and shall by Memorandum under his Hand record on the Instrument of Transfer that the same has been recorded by him, stating the Date and Hour of such Record.

LXXIV. If the Interest of any Mortgagee in any Ship or of Interest of in any Share therein becomes transmitted in consequence Mortgagee by Death, Bank of Death, Bankruptcy, or Insolvency, or in consequence of the Marriage of any Female Mortgagee, or by any lawful Means other than by a Transfer according to the Provisions of this Act, such Transmission shall be authenticated by a Declaration of the Person to whom such Interest has been transmitted, made in the Form marked L. in the Schedule hereto, and Containing a Statement describing the Manner in which and the Party to whom such Property has been transmitted; and such Declaration shall be made and subscribed, if the Declarant resides at or 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, and shall be accompanied by such Evidence as is herein-before required to authenticate a corresponding Transmission of Property from one registered Owner to another.

Entry of transmitted Mortgage.

Certificates of
Mortgage and
Sale.

Powers of

LXXV. The Registrar, upon the Receipt of such Declaration and the Production of such Evidence as aforesaid, shall enter the Name of the Person or Persons entitled under such Transmission in the Register Book as Mortgagee or Mortgagees of the Ship or Share in respect of which such Transmission has taken place.

Certificates of Mortgage and Sale.

LXXVI. Any registered Owner, if desirous of disposing by Mortgage and way of Mortgage or Sale of the Ship or Share in respect of Sale may be which he is registered at any Place out of the Country or Possesconferred by Certificate. sion in which the Port of Registry of such Ship is situate, may apply to the Registrar, who shall thereupon enable him to do so by granting such Certificates as are herein-after mentioned, to be called respectively Certificates of Mortgage or Certificates of Sale, according as they purport to give a Power to mortgage or a Power to sell.

LXXVII.

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