Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

. (page 65 of 101)
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other party, the registered owner of any ship or share therein shall have
power absolutely to dispose in manner hereinafter mentioned of such ship or
share, and to give efiectual receipts for any money paid or advanced by way
of consideration.

Certi/ieate of
Certificate of Registry. Rtgutry.

XLIV. Upon the completion of the registry of any ship the registrar shall Certificate of
grant a certificate of registry in the form marked D. in the schedule hereto, J2|J^ *® ***
comprising the following particulars; (that is to say,)
n.) 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 hereinbefore directed to be given by the surveyor :

The name of her master :

The several particulars as to her origin stated in the declaration or

declarations of ownership :
(6.) 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.

XLT. Whenever any change takes place in the registered ownership of change of owners
any ship, then, if such chanffe occurs at a time when the ship is at her port to be indorsed on
of registry, the master shall forthwith deliver the certificate of registry to the ^tiy.** *** "*
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 reg^try 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 hereinbefore required shall incur a penalty not exceeding one hundred
pounds.

XLVI. Whenever the master of any British registered ship is changed. Change of master
the following persons, that is to say, if such change is made in consequence ^^^Jj"?^''
of the sentence of any Naval Court, the presiding ofiicer of such Court, but giatry.
if the change takes place from any other cause, the registrar, or if there is no
registrar, the British consular o£Bcer 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 an}' port situate within her Majesty's dominions may refuse to
admit any person to do any act at such port as master of any Britbh ship,



(3.)
(4.)



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xl



APPENDIX.



unless his name is inserted in or indorsed upon the oertificat* of registry of
such ship as the last appointed master thereof.

XL VI I. The registrar may, with the sanction of the CommisioDerB 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.



Power to grant
new certificate.



ProYifion in cue XLVIII. In the event of the certificate of registry of any ship heing mis-
catl^** ®'**''*°" laid, lost or destroyed, if such event occurs at any port in the United King-
dom, the ship being registered in the United Kingdom, or at any port in any
British possession, the ship t>eing 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 orig^al certificate oi 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 port having a British registrar at which such ship is at the time or
first arrives after such mislaying, loss or destruction ; and such declaratioa
shall state the facts of the case, and the names and descriptions of the regis-
tered 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 thovin a
statement of the circumstances under which such provisional oertifioale it
granted.



Provisional cer- XLIX. Every such provisional certificate shall, within ten days after the
vcredup!***'^*"* 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 sitimte, be delivered up to the registrar thereof, who shall there-
upon grant a new one, as near to the form appointed by this act as oircum-
sUinces permit ; and if the master neglects to deliver up such certificate within
such time^ he shall incur a penalty not exceeding fifty pounds.



Custody of cet'
Uflcate.



L. The certificate of re^stry shall be used only for the .lawful navigation
of the ship^ and shall not he subject to detention by reason of any titled lien,
charge or interest whatsoever which any owner, mortgagee or other person
mavTiave or claim to have on or in the ship describ^ in such certificate ;
and if any person whatever, whether interested or not in the ship, refuses on
request to deliver up such certificate when in his possession or under his con-
trol to the person for the time being entitled to the custody thereof for the
purposes of such lawful 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
Penalty for detcn- refusing to appear before him and to be examined touching such refusal ; and
**"" unless It is proved to the satisfaction of such justice or Court that there was

reasonable cause for such refusal, the offender shall incur a penalty not ex-
ceeding 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 dischaiged,
and such justice or Court shall thereupon certify that the certificate of registry
is lost



Delivery of cer-
tificate may be
required.



tion.



Modeofproeeed-
ing if detaining
party abscond.



LI. If the person charged with such detainer or refusal is proved to have
absconded, so that the warrant of the justice or process of the Court cannot
be served upon him, or if he persists in his refusal to deliver the certificate,
such iustice or Court 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.

Penalty for using LII. If the master or owner of any ship uses or attempts to use for the
fiSKS?**' " navigation of such ship a certificate of registry not legally granted in respect



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17 & 18 Vict. c. 104. xli

of siicii ibip, he shall be guilty of a misdemeanor, and it shall be kwful for
any oommid^ioned o£Bcer on full pay in the military or nayal 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 haying admi-
ralty 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 cmd 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 me same for adjudication.

LIII. If any registered ship is either actually or constmctiyely lost, taken Certifleate of ship
by the enemy, burnt or broken up, or if by reason of a transfer to any per- {P%^?^*°0**
sona not qualiKed to be owners of British ships, or of any other matter or deUverad up.
thing, any such ship as aforesaid ceases to be a Britbh 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 everj ship so curcnm*
stanced as aforesaid shall immediately, if such event occurs m 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 regis-
trar, to the British consular officer at such port, and such registrar if he is
not himself the registrar of her port of registry, or such British consular offi-
cer, 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 ofience incur a penalty not exceeding one hundred pounds.

LI V. If any ship becomes the property of persons qualified to be owners Proyitionai cer-
of Britbh ships at any foreign port, the British consular officer resident at vi°***i'^'^*^Sd
such port may grant the master of such ship, upon his application, a provi- in British IVntn
sional certificate, stating — at foreign port.

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 oppor-,
tuntty, 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.

Tratu/ers and

Transfers and Transmissions. TransmiMiom.

LV. A registered ship or any share therein, when disposed of to persons Transfer of thipt
qualified to be owners of British ships, shall be transferred by bill of sale ; ®^ ■***"• ti»"ein.
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 suffi-
cient to identify the ship to the satisfaction of the registrar, and shall be
according to the form marked £. in the schedule hereto, or as near thereto
as circumstances permit, and shall be executed by the transferror in the pre-
sence of and be attested by one or more witnesses.

LVI. No individual shall be entitled to be registered as transferree of a Declaration to b«
ship or any share therein until he has made a declaration in the form marked ^J^**^ *'*"*'
F. in the schedule hereto, stating his qualification to be registered as owner



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xlii



APPENDIX.



Registration of
transfer.



Transmission of
shares by death,
bankruptcy or
marriage.



Proof of trans-
mission by bank-
ruptcy, marriage,
will, or on Intes-
tacy.



Registration of

transmitted

share.



of a share in a British ship, and containing a denial similar to the denial
hereinbefore 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 cor-
porate, and such circumstances of its constitution and business as may proTe
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 abore
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; in the
case of a body corporate the declai*ation shall be made in the presence of the
registi^ar of the port of registry.

LVII. Every bill of sale for the transfer of any registered 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 hereinbe-
fore required to be made by a transferree ; and the registrar shall therenpon
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.

LVIII. If the property in any ship or in any share therein becomes trans-
mitted in consequence of the death or bankruptcy or insolvency of any
registered owner, or in consequence of the marriage of any female registn^
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 declara-
tion 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
hereinbefore 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 property has been trans-
mitted ; 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 r^stry 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 accom-
panied 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 mamage
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 ickntity of the said female owner ; and if such trans-
mission has taken place by virtue of any testamentary instmment or by
intestacy, then in England, Wales and Ireland the said declaration slwll 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 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.

LX. The registrar, upon the receipt of such declaration so accompanied
as aforesaid, slmll enter the name of the person or persons endded onder soeh



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17 & 18 Vict. c. 104. xliii

trensmission in the register book as owner or owners of the ship or share
therein in respect of which such transmission has taken place ; and snch per-
sons, 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.

LXI. Of the documents hereby reauired to be produced to the registrar Regiitnr to re-
be shall retain in his possession the following ; that is to say, the surveyor's S^^J*'***" ^^
certificate, the builder^s certificate, the copy of the condemnation, and all
declarations of ownership.

LXII. Whenever any property in a ship or share in a ship becomes vested Unqnaiifled
by transmission on the death of any owner or on the marriage of any female JJ^Jm^wion m*y
owner in any person not qualified to be the owner of British ships, it shall apply to Court
be lawful, if such ship is registered in England or Ireland for the Court of 'or mIo of thip.
Chancery, if in Scotland for the Court of S^ion, or if in any British posses-
sion for any court possessing the principal civil jurisdiction within such
post^ession, 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.

LXIII. Every order for a sale made by such Court as aforesaid shall contain Order to be made
a declaration vesting the right to transfer the 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 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 requisition of any registered owner or owners
of snch ship or share.

LXIV. Every such application as aforesaid for sale shall be made within Limit of time for
four weeks after the occurrence of the event on which such transmission has «PPllc»**»n-
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 occurrence as aforesaid ; and in the event of no such application being
made within such period as aforesaid, or of such Court retusin^ to accede
thereto, the ship or share so transmitted shall thereupon be forfeited in manner
hereinafter directed with respect to interests acquired by unqualified owners
in ships using a British flag and assuming the British cnaracter.

LXV. It shall be lawful in England or Ireland fur the Court of Chancery, Power of Coaru
in Scotland for the Court of Session, in any British possession for any Court t^rohlbit traiw-
possessing the principal civil jurisdiction within such possession, without pre-
judice 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 re^'strar, without
being made a party to the proceedings, upon being served with such order^
or an ofiicial copy thereof, shaU obey the same.



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xliv



APPENDIX.



Mortgagei,

Mortgage of
ships and shares
therein.



Mortgages to be
registered in
order of time of
production.



Mortgages.
LXVI. A registered ship or any share therein may be made a security for
a loan or other valuable consideration ; and the instrument creatine such
security, hereinafter termed a " mortgage/' shall be in the form marxed I.
in the schedule hereto, or as near thereto as circumstances permit ; and oa
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 registrar in the
order of time in which the same is produced to him for that purpose ; and
the registrar shall, by memorandum under his hand, notify on the instrument
of mortgage that the same has been recorded by him, stating the date and
hour of such record.



Entry of dis- LXVIII. Whenever any registered mortgage has been discharged, the

ch^eofmort- registrar shall, on the production of the mortgage deed, with a receipt for
the mortgage money indorsed thereon, duly signed and attested, make an
entry in the register book to the effect that such mortgage has been dis-
charged ; and upon such entry being made the estate, if any, which paned
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 same ship or
share therein, the mortgagees shall, notwith^tandinff any express, implied or
constructive notice, be entitled in priority one over the other according to the
date at which each instniment is recorded in the register books, and not
according to the date of each instrument itself.

Mortgagee not to LXX. A mortgagee shall not by reason of his mortgage be deemed to be the

be deemed owner, owner of a ship Or any share therein, nor shall the mortgagor be deemed to

have ceased to be owner of such mortgaged 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.



Priority of mort-
gages.



Mortgagee to
have power of
sale.



LXXI. Every registered mortgagee shall have power absolutely to dispose
of the ship or share in respect of which he is registered, and to give efSsctual
receipts for the purchase 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 matters, sell such ship or share without the concurrence of every priw
mortgagee.

Rights of mort- LXXII. No registered mortgage of any ship or of cmy share therein shall

r^an "Jct^^r***^ ^ affected by any act of bankruptcy committed by the mortgagor after the

bankruptcy^of date of the record of such mortgage, notwithstanding such mortgas^or at the

mortgagor. time of his becoming bankrupt may have in his possession and dispositioa

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. 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.

LXX IV. If the interest of any mortgagee in any ship or in any share
therein becomes transmitted in consequence of death, bankruptcy or inspl-



Transfer of mort-
gages.



Transmission of
interest of mort>



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17 & 18 Vict. c. 104. xk



Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 65 of 101)