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tration with the declaration of ownership preliminary thereto, applies to this as to ordinary cases of purchase by a British owner, except that the registration required in this case is of the ship anew, subject to all the mortgages appearing on the certificate, without however the necessity of having her re-surveyed.' The effect of this is to close the old and to open a new register for the vessel without affecting any registered incumbrances remaining unsatisfied at the time of the sale.

But if the sale is to a person who is not qualified to be owner of a British ship, it is required that the bill of sale, the certificate of sale, and the certificate of registry, be produced to a registrar or British consular officer, in order that he may make the necessary entries for closing the register, except in so far as relates to any unsatisfied mortgages on the register, and that he may retain the certificates of sale and registry. In case of default in the production of these documents, the purchaser is considered by British law as having acquired no title to, or interest in, the ship; and the donor and attornies of the power are liable to a penalty not exceeding 100l. each.'

Provision is made for closing the register also, in other Register closed. cases than that just referred to, upon information of the owner, and delivery up of the certificate of registry in case of a transfer to a person not qualified to own a British ship; and also in case she is actually or constructively lost, taken by the enemy, burnt, or broken up; and such information and delivery of the certificate, unless it is lost, is required of the owner and master respectively, under a penalty not exceeding 100l.

If property in a British ship, or share therein, happens by Transmission to unqualified the death of the owner, or marriage of a female owner, to be person. transmitted to a person not qualified to hold such property, he

'17 & 18 Vict. c. 104, § 81, 55, 56, 57. Ibid. § 81. It is observable that the use of a bill of sale, without, however, specifying any particular form, is here impliedly compulsory, although the purchaser is not a person qualified to own a British ship. When this section is compared with sections 53 and 55, the contrast in this respect is remarkable. But the observations

quoted in c. i. from Lord Stowell will
recur to the reader, that "a bill of
sale is the universal instrument of
transfer of ships in the usage of all
maritime countries, and that which the
maritime law in transactions of that
nature expects." The Sisters, 5 C. Rob.
Ad. 155, 159; The Eliza Cornish, 2
Jur. N. S. 738, 739.

3 17 & 18 Vict. c. 104, § 53.

THE CERTIFICATE
OF REGISTRY.

may apply for an order of sale, to the Court of Chancery, in England or Ireland, or the court of Session in Scotland, or the court of principal civil jurisdiction in any British possession, according as the ship is registered in one country or another. It is in the discretion of such court, in accordance with the law of the country, to make or refuse the order, to annex terms or conditions, to require all such evidence as it may think fit, and generally to act in the matter as the justice of the case requires.' The application must be made within four weeks, or such further time as the court may allow, not exceeding one year, from the date of the death or marriage; otherwise such property is forfeited to Her Majesty. But if the order to sell is made, the nominee or nominees of the court are invested with the powers of the registered owner to do all things necessary for the perfecting of the sale and transfer of such property.

We have reserved till now any particular mention of the certificate of registry. This document, at one time the chief record and principal evidence of title when the register for that purpose performed only a provisional and transitory function,* is now nothing more than, by the name it purports to be, a certificate that a ship, identified by all the details supplied by her name and port, and the contents of the surveyor's certificate and declaration of ownership, commanded by a particular master, and owned by the persons in the proportions indorsed on the back of this document, has been duly registered according to law. Its function is confined to the practical purposes of the navigation of the ship, being, as it seems, the authentic evidence, to such of Her Majesty's officers as are entitled to interfere in these matters, of her national character, and her

1 17 & 18 Vict. c. 104, § 62.
2 Ibid. § 64, 103.

Ibid. § 63.

4 Under the 8 & 9 Vict. c. 89, § 38, 39, a bill of sale was valid from the time at which it was entered on the register against all except subsequent purchasers, who should first procure their bill of sale to be indorsed on the certificate of registry. Thirty days,

however, from the time of such entry on the register, or from the time of the ship's arrival in port, in case she were at sea when the entry was effected, were allowed the first purchaser to procure the indorsement, during which time priority over him could not be obtained by any subsequent purchaser. 5 17 & 18 Vict. c. 104, § 44.

compliance with the law, and besides, a ready means of information in any quarter of the globe, as to who are some of the responsible persons when penalties have been incurred in connection with the ship.'

For securing that object, detention of this document, from the person for the time being entitled to the custody of it for the purposes of the lawful navigation of the ship,' by any one, although an owner or otherwise interested in the ship, is forbidden, under a penalty not exceeding 100l., unless reasonable cause, for the detention is proved, to the satisfaction of any justice, or court, before whom the offender is brought." The sufficiency of the cause for detention may depend on the urgency of the reason for the demand, if known at the time of the refusal; but if a ship's-husband, having a secret intention to dismiss the master, simply demand the certificate, the master is not liable to be convicted under this section, for refusing to give it up, he continuing master, and his vessel undischarged, at the time."

Improper deten

tion of the certi

ficate of registry.

That it may effectually serve the various purposes referred Indorsement of to, every change of owners, or of master, is required to be changes required. indorsed on this certificate; the former, under a penalty not exceeding 100l., if the master fails to deliver it for the purpose of such indorsement to the registrar at the port of registry, or to the registrar advised of such change at any British port at which he shall first arrive; and the latter, under pain of such master, whose name is not so indorsed, not being admitted by the officers of Customs, at any British port, to do any act as the master of a British ship in the meantime. If the identity of the ship has been affected by alterations, a corresponding alteration should appear in this document, unless a new certificate of registry be substituted."

In case this certificate is worn out, obliterated, or damaged, Renewal of certi

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ficate of registry.

G

Provisional certificates.

Illegal use of a certificate of registry.

provision is made for its being delivered up, and replaced by a new one. If it be mislaid, lost, or destroyed, or if, being improperly detained, the person who has it refuse to deliver it up, or have absconded, the registrar at her port of registry may grant a new one, or any British registrar at a port not in the country, in which the port of the ship's registry is situate, may grant a provisional certificate to be of force until the ship arrives at her port of discharge in the country of her registry.'

Where a ship, not on the register, becomes at a foreign port the property of persons qualified to be owners of a British ship, the British consular officer there, may grant a provisional certificate, to be in force for six months, or until she arrives at some port where there is a British registrar,' and this certificate is to contain the name of the ship, the time and place of her purchase, and the names of her purchasers, the name of her master, and the best particulars as to her tonnage, build, and description that he is able to obtain. A pass, with the force of a certificate within the time and limits mentioned therein, may be granted in the case of a British ship, before registry, to proceed from any one port or place to any other, both being in Her Majesty's dominions."

But if the master or owner of any ship uses, or attempts to use, for the navigation of the ship, a certificate of registry not legally granted in respect of such ship, he is guilty of a misdemeanour, and the ship, on proof to the satisfaction of the High Court of Admiralty in England or Ireland, or any court having Admiralty jurisdiction in Her Majesty's dominions, that such use or attempt to use had taken place, shall be declared forfeited, with her tackle, apparel, and furniture to Her Majesty."

1 17 & 18 Vict. c. 104, § 47. "This
power will be exercised in cases where
the old certificate is worn out, oblite-
rated, or otherwise damaged."-Com-
missioners' Instructions to Registrars,
P. 14.

2 17 & 18 Vict. c. 104, § 48, 49, 51.
3 Under the former Acts, a foreign-
built ship, though it had become the
property of a British owner, could not
obtain a certificate of registration; the
consequence of such a law was, that

vessels which were sold in this country,
of mere necessity, and under the com-
pulsory process of our Court of Admi-
ralty, sold, as in the case of The Grati-
tudine, 3 C. Rob. 240, 265, 275, and
appendix No. VII., for less than half
their value, entailing loss, not only on
the unhappy owners, but on those who
held bonds of bottomry on the ship.
4 17 & 18 Vict. c. 104, § 54.
5 Ibid. § 98.
6 Ibid. § 52.

certificate.

The certificate of registry of any ship actually or construc- Delivery up of tively lost, taken by the enemy, burnt, broken up, sold to persons not qualified to be owners of a British ship, or otherwise ceasing to be a British ship, must be delivered up by the master, if in port, immediately, or within ten days after he arrives in port, to the registrar, or British consular officer at such port, subject to a penalty for default not exceeding 100l.;' and where the sale has been effected under a certificate of sale, the foreign purchaser shall be considered by British law as having acquired no title to or interest in the ship, if default is made in the delivery up of the certificates of sale and of registry, and the production of the bill of sale, to some registrar or consular officer."

Infants, lunatics, and other incapacitated persons, may do any act required of them under this statute by their guardian, committee, or other person, for that purpose appointed by a court of competent jurisdiction, either generally,' or within the Trustee Act of 1850.* And the registrar, with the sanction of the Commissioners of Customs, is enabled to dispense with any declaration or evidence required by the statute, which, he is satisfied, cannot for some reasonable cause be made or produced.*

Incapacity or

inability to obey

the law.

EFFECTUATE THE

LAW.

The following persons are required to register British ships, PERSONS TO and shall be deemed registrars for the purposes of the Merchant Shipping Act, 1854:-At any port, or other place, in the The Registrars. United Kingdom, or Isle of Man, approved by the Commissioners of Customs for the registry of ships,-the collector, comptroller, or other principal officer of Customs for the time being:-In the islands of Guernsey and Jersey,-the principal officers of Her Majesty's Customs, the Governor, LieutenantGovernor, or other person administering the government of such islands respectively:-In Malta, Gibraltar, and Heligoland, the Governor, Lieutenant-Governor, or other person

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cluded in the word Stock, in the 13 &
14 Vict. c. 60, and within the provi-
sions thereof accordingly"; see ante,
p. 23, 24, 26.

5 17 & 18 Vict. c. 104, § 97.

6 Ibid. § 30.

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