PART I. Ships, &c. Grant of provisional respect of alteration. 1854, s. 86. directed on the first registry of a ship, and if he is not such registrar 78. Every such provisional certificate, or certificate pro- 10 certificate in visionally indorsed, shall, within ten days after the 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 situate, be delivered up to the registrar thereof, 15 who shall thereupon cause such ship to be registered anew in the same manner in all respects as herein-before required on the first registry of any ship. 79. On failure of such registry anew of any ship, or of registry of alteration of any ship so altered as aforesaid, such ship shall be 20 deemed not duly registered, and shall no longer be recognized as a British ship. 80. If upon any change of ownership in any ship the owner or owners desire to have such ship registered anew, although such registry anew is not required by this Act, it shall be lawful for the 25 registrar of the port at which such ship is already registered, on the delivery up to him of the 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 such registry and grant a certificate thereof. anew, 81. The registry of any ship may be transferred from one port to another on the application of all parties appearing on the register to be interested therein as owners or mortgagees, such application to be expressed by a declaration in writing. 30 82. On such application and on delivery to the registrar of either 35 port of the certificate of registry, the registrar of the port of existing registry shall transmit to the registrar of the port of intended registry notice of the application, with a copy of all particulars relating to the ship, and the names of all parties appearing on the register to be interested therein as owners or mortgagees; and such 40 last-mentioned registrar shall, on the receipt of such notice, enter all such particulars and names in his register book, and grant a fresh certificate of registry, and thenceforth such ship shall be considered as registered at and belonging to such last-mentioned 5 port, and the name of such last-mentioned port shall be substituted on the stern of such ship in lieu of the name of the port previously appearing thereon. 83. The transfer of the registry of any ship in manner aforesaid shall not in any way affect the rights of the several persons in10 terested either as owners or mortgagees in such ship, but such rights shall in all respects be maintained and continue in the same manner as if no such transfer had been effected. Registry, Miscellaneous. PART I. British Ships, &c. Transfer of registry not to affect rights of owners. 1854, s. 91. to be made. 84. Declarations required by this part of this Act shall be made Declarations 15 before a registrar or justice of the peace, or if there be no registrar before whom or justice of the peace in any place, before a British consular officer; subject to this proviso, that if it be made to appear to Her Majesty in council, with reference to any place within Her Majesty's dominions, that such declarations may be more conveniently made 20 before some other persons than those in this section specified, the said declarations shall be made in such place, before such persons, and in accordance with such regulations as Her Majesty may by order in council determine. 85. No registrar shall be liable to damages or otherwise for any Indemnity to 25 loss accruing to any person by reason of any act done or default registrar. made by him in his character of registrar, unless the same has 1854, s. 93. happened through his neglect or wilful act. registrars to 86. Every registrar in the United Kingdom shall at the ex- Return to piration of every month, and every other registrar shall without be made by 30 delay, or at such stated times as may be fixed by the Commissioners Commisof Customs, transmit to the Custom House in London a full return sioners of Customs. in such form as the said Commissioners may direct of all registries, 1854, s. 94. transfers, transmissions, mortgages, and other dealings 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 commissioners. 35 40 of register books. 87. Every person may, upon payment of a fee to be fixed by the Inspection Commissioners of Customs not exceeding one shilling, have access to any register book for the purpose of inspection at any reasonable 1854, s. 92. time during the hours of official attendance of the registrar. PART I. of fees. 88. All fees authorized to be taken under this part of this Act Ships, &c. shall, if taken in any part of the United Kingdom, be paid into Application the receipt of Her Majesty's exchequer, as the Treasury may direct, but if taken in any other part of Her Majesty's dominions shall be disposed of in such way as the Executive Government of the 5 British possession in which they are taken may direct; and if taken at any foreign port of registry shall be disposed of as Her Majesty may by order in council direct. 1854, s. 95. Instruments in fourth 89. The several instruments and documents specified in the fourth schedule hereto shall be in such forms as are from time to 10 time prescribed by the Commissioners of Customs and sanctioned by Commis- by the Board of Trade. schedule to be in form prescribed sioners of Customs. Commissioners of Customs, with consent of Board of Trade, to provide and alter forms and issue instructions. 1854, s. 96. Entry of informal documents. 1855, s. 11. Shares in shipping within the Trustee Act, 1850. 90. The Commissioners of Customs shall, with the consent of the Board of Trade, cause forms of the instruments and documents specified in the fourth schedule hereto, as well as of any other in- 15 struments and documents required or authorized to be used by the first part of this Act to be supplied to all registrars within Her Majesty's dominions, for distribution to the several persons requiring to use the same, either free of charge, or at such moderate prices as they may from time to time direct, and the said commissioners, 20 with the consent of the Board of Trade, may from time to time make such alterations in the forms as is 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 consent as aforesaid, for the purposes 25 of carrying into effect the provisions contained in the first part of this Act, give such instructions as to the manner of making entries in the register book, as to the execution and attestation of powers of attorney, as to any evidence to be required for identifying any person, and generally as to any act or thing to be done in pursuance 30 of the first part of this Act, as they may think fit. 91. Where a bill of sale, mortgage, or other instrument for the disposal or transfer of a ship, or any share or interest therein, is made in any form or contains any particulars other than the form and particulars prescribed and approved for the purpose by or in pur- 35 suance of this Act, a registrar shall not be required to make an entry thereof in the register book without the special direction of the Commissioners of Customs. 92. Shares in ships registered under this Act shall be deemed to be included in the word "stock" as defined by the Trustee Act, 40 1850, and the provisions of such last-mentioned Act shall be 18 & 19 Vict. applicable to such shares accordingly. c. 91. s. 10. PART I. Ships, &c. Power to registrar to dispense with de 93. Whenever, in any case in which under the First part of this Act any person is required to make a declaration on behalf of himself or of any body corporate, or any evidence is required to be produced to the registrar, it is shown to the satisfaction of the 5 registrar that from any reasonable cause such person is unable to make the declaration, or that such evidence cannot be produced, it clarations shall be lawful for the registrar, with the sanction of the Com- evidence. missioners of Customs, and upon the production of such other 1854, s. 97. evidence, and subject to such terms as they may think fit, to 10 dispense with any such declaration or evidence. and other Provision for cases of infancy or 1854, s. 99. 94. If any person interested in any ship, or any share therein, is by reason of infancy, lunacy, or other inability incapable of making any declaration or doing any thing required or permitted by this other Act to be made or done by such incapable person in respect of incapacity. 15 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 property of incapable persons, upon the petition of any person on behalf of such incapable person, or of any other person interested in the making such 20 declaration 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 by such substitute shall be as effectual as if done by the person for whom he is substituted. 95. Any principal officer of customs may detain a ship until National character of the master of the ship has declared to the officer the name of ship to be the nation to which he alleges that she belongs, and the officer shall, declared on such declaration being made, inscribe that name on the clearance 30 or transire. 96. If any person obtains a British registry for any ship owned in whole or in part by persons not entitled by law to own British ships, it shall be lawful, as respects ships registered in the United Kingdom, for the Commissioners of Customs, with the consent of 35 the Board of Trade, and as respects ships registered in any possession, for the governor of that possession, to strike such ship off the register. any British before clearance. 1854, s. 102. Cf. 1854, British flag British character. or assuming 97. If any person uses the British flag on board any ship owned Using in whole or in part by persons not entitled by law to own British 40 ships, and fails to show that he has used the same for some legal purpose, he shall for each offence be liable to a penalty not exceed PART I. ing fifty pounds; and the flag may be hauled down by any officer Ships, &c. who is empowered by this Act to haul down colours improperly hoisted on board any ship or boat belonging to any British subject. Assumption of foreign character. 1854, s. 103. (2). False declaration of 98. No master or owner of a ship belonging wholly to persons entitled to be owners of British ships, and no person on board of 5 any such ship, shall be exempt from any liabilities, civil or criminal, incurred by him, under the provisions of any British law, by reason that such ship has acquired a foreign register or uses a foreign flag; but nothing in this section contained shall interfere with the jurisdiction of any foreign nation over such ship. or 10 99. If any person, on behalf of himself or of any other person qualification. Or of any body of persons, makes a declaration touching the quali1854, s. 103. fication of himself or such person or body to own a British ship (4). or any share therein, such declaration being false in any material particular, then, unless the declarant shows to the satisfaction of 15 the court that he did not know of such falsity, and could not with reasonable diligence have obtained such knowledge, the following consequences shall ensue : Proceedings on forfeiture of ship. 1854, s. 103. (1.) The ship or share in respect of which such declaration is (2.) The declarant shall be deemed guilty of a misdemeanor. 100. Where any ship has either wholly or as to any share therein 25 become subject to forfeiture under this Act, the following persons, that is to say, (1.) Any commissioned officer on full pay in the military service of the Crown, subject to instructions from the commanderin-chief: 30 (2.) Any commissioned officer on full pay in the naval service of the Crown, subject to instructions from the Admiralty: (3.) Any officer of customs in the United Kingdom, subject to instructions from the Commissioners of Customs or from the Board of Trade: (4.) Any officer of customs in any British possession, subject to instructions from the governor of such possession: 35 (5.) Any British consular officer, subject to instructions or orders from one of Her Majesty's Principal Secretaries of State, may scize and detain the ship, and bring her for adjudication before 40 any British court having Admiralty jurisdiction, and the court may |