Charles Edward Pollock Frederic Philip Maude.

Compendium of the law of merchant shipping online

. (page 66 of 101)
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TencY, or in consequence of the marriage of any female mortga^ee^ or b^ gage by death,
any lawfal means other than by a transfer accordine to the provisions of this ^jjjj^'*^'^ ®'
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
hereinbefore required to authenticate a corresponding transmission of property
from one registered owner to another.

LXXV. The registrar, upon the receipt of such declaration and the pro- Entry of trans-
daction of such evidence as aforesaid, shall enter the name of the person or n»*'t«<i mortgage.
pertous entitled under such transmission in the register book as mortgagee or
mortgagees of the ship or share in respect of which such transmission has

«»J^«npTaC«- Certiji^tno!

Mortgage and

Certificates of Mortgage and Sale, ^^

LXXVI. Any registered owner, if desirous of disposing by way of mort- Power* of mort-
gage or sale of the ship or share in respect of which he is registered at any S^ be conferred
place out of the country or possession in which the port of registry of sucn by certificate.
ship is situate, may apply to the registrar, who shall thereupon enable him to
do so b^ granting such certificates as are hereinafter 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. Previously to any certificate of mortgage or sale being granted, Requisitef for
the applicant shall state to the registrar, to be by him entered in the register SiortgaJ* and
book, the following particulars ; (that is to say,) Mie.

(1.) The names of the persons by whom the power mentioned in such cer-
tificate is to be exercised^ and in the case of a mortgage die maximum
amount of charge to be created, if it is intended to fix any such maxi-
mum, and in £e case of a sale the minimum price at which a sale is
to be made, if it is intended to ^x any such minimum :

(2.) The specific place or places where such power is to be exercised, or if
no place be specified, then that it may be exercised anywhere, subject
to the provisions hereinafter containea :

(8.) The limit of time within which such power may be exercised.

LXXVIII. No certificate of mortgage or sale shall be granted so as to Restrictions on
authorize any mortgage or sale to be made — moltj^'^e** *d

At any place within the United Kingdom, if the port of registry of the sale!**** *°
ship be situate in the United Kingdom ; or at any place within the same
British possession if the port of registry is situate within a British pos-
session; or

By any person not named in the certificate.

LXXIX. Certificates of mortgage and sale shall be in the forms marked Forms of certifl-
respectively M. and N. in the schedule hereto, and shall contain a statement c*tee ofmortgage
of the several particulars hereinbefore directed to be entered in the register "*
book, and in addition thereto an enumeration of any registered mortgages or
certificates of mortgage or sale affecting the ships or shares in respect of
which such certificates are given.



LXXX. The following rules shall be observed as to certificates of mort- Rules as to cer-

(that is to say,) '"* '

The power shall be exerc
tained in the certificate :



gage ; (that is to say,) ^»»«» «'"»»«-

(1.) The power shall be exercised in conformity with the directions con- ^^*



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Xl?i APPENDIX.

(2.) A record of every mortgage made thereunder shall be indoned tbereon
by a registrar or British consnlar officer :

(3.) No mortgage bond, fide made thereunder shall be impeached by reason
of the person by whom the power was given dying before the making
of such mortgage :

(4.) Whenever the certificate contains a specification of the place or placet
at which, and a limit of time not exceeding twelve months within
which, the power is to be exercised, no mortgage bond 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 instni-
ment creating the mortgage :

(6.) Subject to the foregoing rules everj' mortgagee whose mortgage is re-
gistered on the certificate shall have the same rights and powers and
be subject to the same liabilities as he would have had and been sub-
ject 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 ofiicer 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 oeing 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 re-
gistered 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 :

Roiet M to eer- LXXXI. The following rules shall be observed as to certificates of sale ;
tucatet of Mle. (that is to say,^

(1.) No sucn certificate shall be granted except for the sale of an entire
ship:

(2.) The power shall be exercised in conformity with the directions con-
tained in the certificate :

(8.) No sale bond fide made to a purchaser for valuable consideration shall
be impeached by reason of tne 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 bond fide made to a pur-
chaser for valuable consideration without notice shall be impeached by
reason of the bankruptcy or insolvency of the person by whom the
power was ffiven:

(6.) 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



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17 & J8 Vict. c. 104. xlvii

shall be registered anew ; bnt 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 re-
gistrar 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 registrar shall retain the certificates of sale and
registry, and after having indorsed on both of such instruments an
entiT of the fietct 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 last-mentioned
r^istrar 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
clG«ed, 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
ori^nal certificate of registry may be transferred to the new register
book, without her beine re-surveyed, and the declaration to be made
by the purchaser shall oe 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 re-
gistrar 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 cer-
tificate shall be delivered to the registrar by whom the same was
granted ; and such registrar shall thereupon cancel it, and enter the
ftict of such cancellation in the register book j and every certificate so
cancelled shall be void to all intents.

LXXXII. Upon proof at any time to the satisfaction of the Commissioners Powtrof Com-
of Customs that any certificate of mortgage or sale is lost or so obliterated cil"om8?n ai»c
as to be useless, and that the powers thereby given have never been exer- oAost^ofMr***
cised, or if they have been exercised then upon proof of the several matters tiflcateofmort-
and things that have been done thereunder, it shall be lawful for there- eweorsale.
gistrar, with the sanction of the said commissioners, as circumstances 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. The registered owner for the time being of any ship or share Reyocation of
•therein in respect of which a certificate of mortgage or sale has been granted, certificates of
specifying the place or places where the power thereby given is to be exer- JJjJ.*^***°
cised, may, by an instrument under his hand made in the form O. in the
schedule hereto, or as near thereto as circumstances permit, authorize the



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xlviii



APl^BNDIX.



Regitiry anew

and Trantfer of

Regittry.

Alteration in ship
to be registered.



On alteration re-
gistry anew may
be required.



registrar by whom saoh certificate was granted to giye notice to the registrar
or consular officer, registratv or consniar officers, at such place or places,
that such certificate is revoked ; and notice shall be given accordingly ; and
all re^strars 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 pur-
pose of effecting or obtaining a mortgage or t^nsfer under the said certificate
of mortgage or sale ; and after such notice has been so recorded the said cer-
tificate shall, so far as concerns any mortgage or sale to be thereafter made
at such place, be deemed to be revoked and of no eflRect ; and every r^is-
trar or consular officer recording any such notice shall thereupon state
to the registrar by whom the certificate was granted, whether any pre-
vious exercise of the power to which such certificate refers has taken
place.

Begistry anew and Tranrfer ofBegistry,
LXXXIV. Whenever any registered ship is so altered as not to correspond
with the particulars relating to her tonnage or description contained in the
register book, then, if such alteration is made at a port where there is a regis-
trar, the registrar of such port, but if made elsewhere, the registrar of the
first port having a register 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 de-
scription of the ship as altered, or indorse on the existing certificate a memo-
randum of such alteration, and subscribe his name to such indorsement ; and
the registrar to whom such application as aforesaid is made, if he is the re-
gistrar 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 cer-
tificate having been granted or indorsement having been made on the existin^r
certificate: but if he is not such last-mentioned registrar, he shall forthwith
report sucn particulars and facts as aforesaid, accompanied by the old cer-
tincate of registry in cases where a new one has been granted, to the regis-
trar of the port of registry of the ship, who shall retain such old certificate
(if any), and enter sucn particulars and facts in his register book ac-
cordingly.

LXXXV. When the registrar to whom application is made in respect of
any such alteration as aforesaid is the registrar of the port of registry, he
may, if he thinks fit, instead of regbtering such alteration, require such ship
to be registered anew in manner hereinbefore directed on the first registry of
a ship, and if he is not such registrar as lastly hereinbefore 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 in-
dorsement of the alteration made in manner hereinbefore 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 provbionally, and to in-
sert in his report to the registrar of the port of registry of the ship a like
statement



Grant of pro- LXXXVI. Every such provisional certificate, or certificate provisionally

fic'i°e*i*n respect ''^^^^^'^^^j shall, within ten days after the first subsequent arrival of the ship
ofaiteraUon. 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 hereinbefore required on me first regis-
try of any ship.

Consequence of LXXXVII. On failure of such registry anew of any ship or r^stry of
gStCT^anew**" 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.



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17 & 18 Vict. c. 104. xUx

LXXXVIII. If upon any chan^ of ownership in any ship the owner or On change of
owners desire to have such ship remstered anew, although such registry anew o^^*"* ^^^^
is not required by this act, it shaff be lawful for the registrar of the port at JJStedflf re-
which such ship is already registered, on the delivery up to him of the quired.
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
sach registry anew, and grant a certificate thereof.

LXXXIX. The registry of any ship may be transferred from one port to Registry may b*
•nether upon the application of all parties appearing on the register to be transferr^from
interested in such ship, whether as owners or mortgagees, such application to ^'^ ^ ^
be expressed bv 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 boose of the port from which such ship is to be transferred, in the
fnesence of the registrar of such port, but if beyond that distance in the pre-
sence of any registrar or of any justice of the peace.

XC. Upon such application being made as is hereinbefore mentioned, and Manner of trant
upon the delivery to him of the certificate of registry, the registrar of the f«of"«i«t^'
port at which such ship is already registered shall transmit to the registrar of
the port at which such ship is intended to be registered notice of such appli-
cation having been made to him, together with a true copy of all particulars
relating to such ship, and the names of all the parties appearing by his book
to be interested as owners or mortgagees in such ship; and such last-mentioned
registrar shall, upon the receipt of such notice, enter all such particulars and
names in his book of registry, and g^rant a fresh certificate of registry, and
thenceforth such ship shall be considered as registered at and belonging to
such last-mentioned port, and the name of such last-mentioned port shall be
subetitnted on the stem of such ship in lieu of the name of the port previously
appearing thereon.

XCI. The transfer of the registry of any ship in manner aforesaid shall Transfer of reg
not in any way afiect the rights of the several persons interested either as Sj5J*o?o™m
owners or mortgagees in such ship, but such riehts shall in all respects be
maintained and continue in the same manner as if no such transfer had been
effected.

Registry,

Begistry, Miscellaneous. MUceiianeon$.

XCII. EvOTv person may, upon payment of a fee to be fixed by the Com- inspection of
miseioners of Cfustoms not exceeding one shilling, have access to the register »gi»ter books,
book for the purpose of inspection at any reasonable time during the hours of
ofiBcial attendance of the registrar.

XCI II. No registrar shall be liable to damages or otherwise for any loss indemnity to
accruing to any person by reason of any act done or default made by him in registrar.
his character of registrar, unless the same has happened through his neglect
or wilful act

XCIV. Every registrar in the United Kingdom shall at the expiration of Return to be
every month, and every other registrar shall without delay, or at such stated J^^J^^Ss-
times as may be fixed by the Commissioners of Customs, transinit to the sioners of cos-
custom house in London a full return in such form as they may direct of all toms.
registries, transfers, transmissions, mortgages and other aealings with ships
which have been registered by or communicated to them in their character of
registrars, and the names of the persons who have been concerned in the
same, and such other particulars as may be directed by the said commis-
sioners.

XCY. All fees authorized to be taken under the second part of this act Application of
shall, if taken in any part of the United Kingdom, be applied in payment of f««»-

APPDX. D



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APPENDIX.



the general expenses of carrying into effect the purposes of such second part,
or otherwise as tbe Treasury may direct, but if taken elsewhere shall be dis-
posed of in such way as the executive government of the British posseasioa
in which they are taken may direct

CommiMionen of XCVI. The Commissioners of Customs shall cause the several forms re-
vMeradivith^ quired or authorized to be used by the second part of this act, and contained
consent of Board in the schedule hereto, to be supplied to all registrars within her Majealy's
^fte^f^^ °^y . dominions for distribution to the several persons requiring to nse tbe same,
issue Sutmc^ either free of charge, or at such moderate prices as they may from time to
tions. time direct, and the said commissioners, with the consent of the Board of

Trade, may from time to time make such alterations in the forms contained
in the schedule hereto as it may deem requisite, but shall, before issuing any
altered form, give such public notice thereof as may be necessary in order to
prevent inconvenience ; and the said commissioners may also, with such con-
sent as aforesaid, for the purposes of carrying into effect the provisions eon-
tained in the second part of this act, give such instructions as to the manner
of makine entries in the register bool^ as to the execution and attestation of
powers of attorney, as to any eyidence to be required for identifying any per-
son, and generally as to any act or thine to be done in pursuance of the
second part of this act, as they may think fit



Power to regis-
trar to dispense
with declarations
and other evi-
denoe.



XCVII. Whenever in any case in which under the second part of this act
any person is required to make a declaration on behalf of himself or of any
body corporate, or any eyidence is required to be produced to the registrar,
it is shown to the satisfaction of the registrar that from any reasonable cause
such person is unable to make the declaration, or that such eyidence cannot
be produced, it shall be lawful for the registrar, with the sanction of tbe
Commissioners of Customs, and upon the production of such other evidence,
and subject to such terms as they may think fit, to dispense with any such
declaration or evidence.



Power for oom- XCVIII. In cases where it appears to the Commissioners of Customs, or
Ji^oHnspecSd ^ ^^ govemor or other person administering the government of any British
cases to grant a possession, that by reason of special circumstances it would be desirable that
^ ristwed'^'^ °*** permission should be granted to any British ship to pass, without being pre-
'^^ yiously registered, from one port or place in her Majesty's dominions to any

other port or place within the same, it shall be lawful for such commissioners
or governor or other person to mnt a pass accordingly, and such pass shall

for the time and withm the limits therein mentioned have the i ^"^ "'

a certificate of registry.



ProTision for
cases of infancy
or otliar lnc»>
pacity.



XCIX. If any person interested in any ship or any share therein is, by
reason of in^cy, lunacy or other inability, incapable of making any decla-
ration or doin^ any thing required or permitted by this act to be made or
done by such mcapable person in respect of registry, then the guardian or
committee, if any, of such incapable person, or, if there be none, any person
appointed by any court or judge possessing jurisdiction in respect of the pro-
perty of incapable persons, upon the petition of any person on behalf of such
incapable person, or of any other person interested m the makine such decla-
ration or doing such thing, may make such declaration, or a declaration as
nearly corresponding; thereto as circumstances permit, and do such thing in
the name and on behalf of such incapable person ; and all acts done b^ such
substitute shall be as effectual as if done by the person for whom he is suh-
stituted.



LUbilitiet of



C. Whenever any person is beneficially interested, otherwise than by way
of mortgage, in any ship or share therein registered in the name of some other
person as owner, the person so interested shall, as wdl as the registered
owner, be subject to all pecuniary penalties imposed by this or by any other



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17 k 18 Vict. c. 104. U

act on owners of ships or shares therein, so nevertheless that proceedinfi;s may
be taken for the enrorcement of any such pecuniary penalties against both or



Online LibraryCharles Edward Pollock Frederic Philip MaudeCompendium of the law of merchant shipping → online text (page 66 of 101)