33. The port or place at which any British ship is registered for the time being shall be considered her port of registry or the port to which she belongs. Sect. 34 was repealed by the Merchant Shipping Act, 1871 (34 & 35 Vict. c. 110), s. 12. Port of registry of British ship. 35. Every application for the registry of a ship shall in the case of Application individuals be made by the person requiring to be registered as owner, or for registry, by some one or more of such persons if more than one, or by his or their by whom to duly authorized agent, and in the case of bodies corporate by their duly be made. authorized agent; the authority of such agent, if appointed by individuals, to be testified by some writing under the hands of the appointors, and if appointed by a body corporate, by some instrument under the common seal of such body corporate. 36. Before registry, the ship shall be surveyed by a person duly ap- Survey of ship. pointed under this act; and such surveyor shall grant a certificate in the form marked A. in the schedule hereto (0), specifying her tonnage, build and such other particulars descriptive of the identity of the ship as may from time to time be required by the Board of Trade; and such certificate shall be delivered to the registrar before registry. 37. The following rules shall be observed with respect to entries in the register book; (that is to say,) (1.) The property in a ship shall be divided into sixty-four shares: Subject to the provisions with respect to joint owners or owners by transmission hereinafter contained, not more than thirty-two individuals shall be entitled to be registered at the same time as owners of any one ship; but this rule shall not affect the beneficial title of any number of persons or of any company represented by or claiming under or through any registered owner or joint owner: (3.) No person shall be entitled to be registered as owner of any fractional part of a share in a ship; but any number of persons, not exceeding five, may be registered as joint owners of a ship or of a share or shares therein: (4.) Joint owners shall be considered as constituting one person only as regards the foregoing rule relating to the number of persons entitled to be registered as owners, and shall not be entitled to dispose in severalty of any interest in any ship or in any share or shares therein in respect of which they are registered: (5.) A body corporate may be registered as owner by its corporate name. Rules as to entries in register book. 38. No person shall be entitled to be registered as owner of a ship or Declaration of any share therein until he has made and subscribed a declaration in the ownership by form marked B. in the schedule hereto (p), referring to the ship as described individual in the certificate of the surveyor, and containing the following particulars; (that is to say,) (1.) A statement of his qualification to be an owner of a share in a (2.) A statement of the time when and the place where such ship was (0) For the form now in use see post, (p) See post, "Forms," No. 2. "Forms," No. 1. owner. (4.) A statement of the number of shares in such ship of which he is entitled to be registered as owner: (5.) A denial that, to the best of his knowledge and belief, any unqualified person or body of persons is entitled as owner to any legal or beneficial interest in such ship or any share therein: The above declaration of ownership shall be made and subscribed in the presence of the registrar if the declarant reside within five miles of the custom house of the port of registry, but if beyond that distance, in the presence of any registrar or of any justice of the peace. 39. No body corporate shall be entitled to be registered as owner of a ship or of any share therein until the secretary or other duly appointed public officer of such body corporate has made and subscribed in the presence of the registrar of the port of registry a declaration in the form marked C. (o) in the schedule hereto, referring to the ship as described in the certificate of the surveyor, and containing the following particulars; (that is to say,) (1.) A statement of such circumstances of the constitution and business A statement of the name of the master: (4.) A statement of the number of shares in such ship of which such body corporate is owner: (5.) A denial that, to the best of his knowledge and belief, any unqualified person or body of persons is entitled as owner to any legal or beneficial interest in such ship or any share therein. 40. Upon the first registry of a ship there shall, in addition to the declaration of ownership, be produced the following evidence; (that is to say,) (1.) In the case of a British-built ship, a certificate (which the builder is hereby required to grant under his hand) containing a true account of the proper denomination and of the tonnage of such ship as estimated by him, and of the time when and of the place where such ship was built, together with the name of the party (if any) on whose account he has built the same, and, if any sale or sales have taken place, the bill or bills of sale under which the ship or share therein has become vested in the party requiring to be registered as owner: (2.) In the case of a foreign-built ship, the same evidence as in the case of a British-built ship, unless the person requiring to be registered as owner, or, in the case of a body corporate, the duly appointed officer, declares that the time or place of her building is unknown, or that the builder's certificate cannot be procured, in which case there shall be required only the bill or bills of sale under which the ship or share therein became vested in the party requiring to be registered as owner thereof: (3.) In the case of a ship condemned by any competent court, an official copy of the condemnation of such ship. 41. If any builder wilfully makes a false statement in any certificate hereby required to be granted by him, he shall for every such offence incur a penalty not exceeding one hundred pounds. (0) See post, "Forms," No. 8. 42. As soon as the foregoing requisites to the due registry of a ship Particulars of have been complied with, the registrar shall enter in the register book the entry in refollowing particulars relating to such ship; (that is to say,) (1.) The name of the ship and of the port to which she belongs: (4.) The names and descriptions of her registered owner or owners, and gister book. 43. No notice of any trust, express, implied or constructive, shall be No notice entered in the register book, or receivable by the registrar; and, subject taken of to any rights and powers appearing by the register book to be vested in trusts. any other party, the registered owner of any ship or share therein shall orien have power absolutely to dispose in manner hereinafter mentioned of such ship or share, and to give effectual receipts for any money paid or ad-urner vanced by way of consideration (j). Certificate of Registry. 2/ -4.159. mash song it. Certificate of 379 44. Upon the completion of the registry of any ship the registrar shall grant a certificate of registry in the form marked D. (k) in the schedule hereto, comprising the following particulars; (that is to say,) The name of the ship and of the port to which she belongs: 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. 45. 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 endorse 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. Registry. Certificate of Change of indorsed on registry. 46. Whenever the master of any British registered ship is changed, the Change of following persons, that is to say, if such change is made in consequence of master to be the sentence of any Naval Court, the presiding officer of such Court, but indorsed on certificate of if the change takes place from any other cause, the registrar, or if there registry. 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 () See M. S. Act, 1862, s. 3. # (2) See the form how in use, post, "Forms," No. 9. APPDX. 4 D Power to grant new certificate. Provision in certificate. London (k); 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. 47. 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. 48. In the event of the certificate of registry of any ship being mislaid, case of loss of 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 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. Provisional 49. Every such provisional certificate shall, within ten days after the certificate to be first subsequent arrival of the ship at her port of discharge in the United delivered up. 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 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. Custody of certificate. Delivery of certificate may be required. 50. The certificate of registry shall be used only for the lawful navigation of the ship, and shall not be subject to 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 in the ship, refuses on request to deliver up such certificate when in his possession or under his control 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 refusing to appear before him and to be examined Penalty for de- 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 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. tention. Mode of proceeding if de 51. 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 (2) See sect. 4 of the M. S. A. 1872, substituting the Registrar-General of Shipping and Seamen for the Com missioners of Customs where named in this section. cannot be served upon him, or if he persists in his refusal to deliver the taining party certificate, such justice or Court shall certify the fact, and the same pro- abscond. ceedings may then be taken as in the case of a certificate of registry mislaid, lost, or destroyed, or as near thereto as circumstances permit. 52. If the master or owner of any ship uses or attempts to use for the Penalty for navigation of such ship a certificate of registry not legally granted in using improper respect of such ship, he shall be guilty of a misdemeanor, and it shall be certificate. 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. 53. 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 officer 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 (1). 54. If any ship becomes the property of persons qualified to be owners of British ships at any foreign port, the British consular officer resident at such port may grant the master of such ship, upon his application, a provisional certificate, stating The name of the ship; The time and place of her purchase, and the names of her purchasers; The best particulars as to her tonnage, build and description that he is And he shall forward a copy of such certificate, at the first convenient opportunity, to the Commissioners of Customs in London (m); the certificates 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. (1) See M. S. Act, 1873, s. 6. Shipping and Seamen for the Com- substituting the Registrar-General of in this section. Certificate of ship lost or British to be ceasing to be delivered up. Provisional certificate for vested in Briship becoming tish owners at foreign port. |