(2.) Every mortgage made thereunder shall be registered («)
by the endorsement of a record thereof on the certificate
by a registrar or British consular officer:

(3.) A mortgage made in good faith thereunder shall not be
impeached by reason of the person by whom the power
was given dying before the making of the mortgage:
(4.) Whenever the certificate contains a specification of the
place at which, and a limit of time not exceeding
twelve months within which, the power is to be exer-
cised, a mortgage made in good faith to a mortgagee
without notice shall not be impeached by reason of the
bankruptcy 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 are more mortgages than one so
registered, the respective mortgagees claiming there-
under shall, notwithstanding any express, implied, or
constructive notice, be entitled one before the other
according to the date at which each mortgage is
registered on the certificate, and not according to the
date of the mortgage():

(6.) Subject to the foregoing rules, every mortgagee whose mortgage is registered on the certificate shall have the same rights and powers and be subject to the same liabilities as he would have had and been subject to if his mortgage had been registered in the register book instead of on the certificate (c):

(7.) The discharge of any mortgage so registered on the certificate may be endorsed on the certificate by any registrar or British consular officer, on the production of such evidence as is by this Act (d) required to be produced to the registrar on the entry of the discharge of a mortgage in the register book; and on that endorsement being made, the interest, if any, which passed to the mortgagee shall vest in the same person or persons in whom it would (having regard to intervening acts and circumstances, if any,) have vested, if the mortgage had not been made:

(8.) On 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 registered thereon, cancel the certificate, and enter the fact of the cancellation in the register book; and every certificate so cancelled shall be void to all intents.

See note to the next section.

Pt. I.

43.

Pt. I. 44.

Rules as to certificates of sale.

[1854, s. 81.]

(a) The word "registered" was substituted for "endorsed" in 1894.

(b) Cf. s. 33 and note for priority of mortgages.

(c) See ss. 31-37 for powers of mortgagee.

(d) See §. 32 for entry of discharge of mortgage.

44. The following rules shall be observed as to certificates of sale:

(1.) A certificate of sale shall not be granted except for the sale of an entire ship:

(2.) The power shall be exercised in conformity with the directions contained in the certificate (a):

(3.) A sale made in good faith thereunder to a purchaser for valuable consideration shall not be impeached by reason of the person by whom the power was given dying before the making of such sale:

(4.) Whenever the certificate contains a specification of the place at which, and a limit of time not exceeding twelve months within which, the power is to be exercised, a sale made in good faith to a purchaser for valuable consideration without notice shall not be impeached by reason of the bankruptcy of the person by whom the power was given:

(5.) A transfer made to a person qualified to be the owner of
a British ship (6) shall be by a bill of sale in accordance
with this Act (c);

(6.) If the ship is sold to a person qualified to be the owner
of a British ship the ship shall be registered anew (d);
but notice of all mortgages enumerated on the certi-
ficate of sale shall be entered in the register book:
(7.) Before registry anew there shall be produced to the
registrar 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 (e):

(8.) The last-mentioned registrar shall retain the certificates
of sale and registry, and after having endorsed on
both of those instruments an entry of the fact of a
sale having taken place, shall forward them to the
registrar of the port appearing thereon to be the
former port of registry of the ship, and the last-
mentioned registrar shall thereupon make a memo-
randum of the sale in his register book, and the
registry of the ship in that book shall be considered
as closed, except as far as relates to any unsatisfied
mortgages (f) or existing certificates of mortgage
entered therein :

(9.) On such registry anew the description of the ship contained in her original certificate of registry may be transferred to the new register book, without her

being re-surveyed, and the declaration to be made by

the purchaser shall be the same as would be required
to be made by an ordinary transferee (e) :

(10.) If the ship is sold to a person 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 (e) to a registrar
or British consular officer, and that registrar or officer
shall retain the certificates of sale and registry, and,
having endorsed thereon the fact of that ship having
been sold to a person not qualified to be the owner of
a British ship, shall forward the certificates to the
registrar of the port appearing on the certificate of
registry to be the port of registry of that ship; and
that registrar shall thereupon make a memorandum of
the sale in his register book, and the registry of the
ship in that book, shall be considered as closed except
so far as relates to any unsatisfied mortgages (f) or
existing certificates of mortgage entered therein:
(11.) If, on a sale being made to a person not qualified to be
the owner of a British ship, default is made in the
production of such certificates as are mentioned in the
last rule, that person shall be considered by British.
law as having acquired no title to or interest in the
ship; and further, the person upon whose application
the certificate of sale was granted, and the person
exercising the power, shall each be liable to a fine not.
exceeding one hundred pounds:

(12.) If no sale is made in conformity with the certificate of
sale, that certificate shall be delivered to the registrar
by whom the same was granted; and he shall there-
upon cancel it and enter the fact of the cancellation in
the register book; and every certificate so cancelled.
shall be void for all intents and purposes.

(a) Where a bill of sale, on the face of it made in conformity with the directions in the certificate, was registered, but the sale was in fact unauthorized, it was held that the bill of sale was void, and that therefore the transferee acquired no legal title by the registration, which must be treated as a nullity. Orr v. Dickinson (1859), 28 L. J. Ch. 516; 1 Johns. 1.

(b) As to qualification for ownership of a British ship, see s. 1.

(c) See s. 24 for transfer by bill of sale.

(d) As to registry anew, cf. s. 52.

(e) As to the power of the registrar to dispense with evidence, see s. 60; as to declaration by ordinary transferee, s. 25; as to mode of making declarations, 8. 61.

(f) As to the enforcement of such unsatisfied mortgages, see M. S. A. 1906, s. 52 (2).

Pt. I.

45.

45. On proof at any time to the satisfaction of the Commis- Power of sioners of Customs that a certificate of mortgage or sale is lost Commis

or

sioners of

Pt. I. 43-47.

Customs in case of loss

of certificate of mortgage

or sale.

[1854, s. 82.]

Revocation

of certificates

of mortgage and sale.

[1854, s. 83.]

Rules as to

name of ship. [34 & 35 Vict. c. 110, s. 6; 36 & 37 Vict.

c. 85, s. 5.]

destroyed, or so obliterated as to be useless, and that the powers thereby given have never been exercised, or if they have been exercised, then on proof of the several matters and things that have been done thereunder, the registrar may, with the sanction of the Commissioners, as circumstances require, either issue a new certificate, or direct such entries to be made in the register books, or such other things to be done, as might have been made or done if the loss, destruction, or obliteration had not taken place.

46.-(1.) The registered owner of any ship or share therein in respect of which a certificate of mortgage or sale has been granted, specifying the places where the power thereby given is to be exercised, may, by an instrument under his hand, authorise the registrar by whom the certificate was granted to give notice to the registrar or British consular officer at every such place that the certificate is revoked.

(2.) Notice shall thereupon be given accordingly and shall be recorded by the registrar or British consular officer receiving it, and after it is recorded the certificate shall be deemed to be revoked and of no effect so far as respects any mortgage or sale to be thereafter made at that place.

(3.) The notice after it has been recorded shall be exhibited to every person applying for the purpose of effecting or obtaining a mortgage or transfer under the certificate.

(4.) A registrar or British consular officer on recording any such notice shall state to the registrar by whom the certificate was granted whether any previous exercise of the power to which such certificate refers has taken place.

As to form of revocation, see s. 65, Part II. of 1st Schedule, and Appendix, p. 523.

Name of Ship.

47. (1.) A ship shall not be described by any name other than that by which she is for the time being registered.

(2.) A change shall not be made in the name of a ship without the previous written permission of the Board of Trade.

(3.) Application for that permission shall be in writing, and if the Board are of opinion that the application is reasonab'e they may entertain it, and thereupon require notice thereof to be published in such form and manner as they think fit.

(4.) On permission being granted to change the name, the ship's name shall forthwith be altered in the register book, in the ship's certificate of registry, and on her bows and stern.

(5.) If it is shown to the satisfaction of the Board of Trade that the name of any ship has been changed without their permission they shall direct that her name be altered into that which she bore before the change, and the name shall be altered

in the register book, in the ship's certificate of registry, and on her bows and stern accordingly.

(6.) Where a ship having once been registered has ceased to be so registered no person unless ignorant of the previous registry (proof whereof shall lie on him) shall apply to register, and no registrar shall knowingly register, the ship, except by the name by which she was previously registered, unless with the previous written permission of the Board of Trade.

(7.) Where a foreign ship, not having at any previous time been registered as a British ship, becomes a British ship, no person shall apply to register, and no registrar shall knowingly register, the ship, except by the name which she bore as a foreign ship immediately before becoming a British ship, unless with the previous written permission of the Board of Trade.

(8.) If any person acts, or suffers any person under his control. to act, in contravention of this section, or omits to do, or suffers any person under his control to omit to do, anything required by this section, he shall for each offence be liable to a fine not exceeding one hundred pounds, and (except in the case of an application being made under the section with respect to a foreign ship which not having at any previous time been registered as a British ship has become a British ship) the ship may be detained until this section is complied with.

As to choice of name of ship, see M. S. A. 1906, s. 50.

As to marking name upon ship, see s. 7. And see note to s. 31, "mistake or

variation in name.

For provisions as to detention of ships, see s. 692.

Pt. I.

48.

Registry of Alterations, Registry anew, and Transfer of Registry.

48.-(1.) When a registered ship is so altered as not to Registry of correspond with the particulars relating to her tonnage or alterations. description contained in the register book, then, if the alteration [1854, 88. 81, 85, 87.] is made at any port having a registrar, that registrar, or, if it is made elsewhere, the registrar of the first port having a registrar at which the ship arrives after the alteration, shall, on application being made to him, and on receipt of a certificate from the proper surveyor stating the particulars of the alteration, either cause the alteration to be registered, or direct that the ship be registered anew.

(2.)-On failure to register anew a ship or to register an alteration of a ship so altered as aforesaid, that ship shall be deemed not duly registered, and shall not be recognised as a British ship.

(2.) If default is made in registering anew a ship, or in registering an alteration of a ship so altered as aforesaid, the owner of the ship shall be liable on summary conviction (a) to a fine, not exceeding one hundred pounds, and in addition to a fine