This section reproduced s. 36 of M. S. A. 1876, which was a re-enactment, with a slight verbal alteration, of s. 4, sub-s. (4), of M. S. A. 1875. The term "managing owner" is not defined in the Act, the only other places in which it occurs being s. 426 (notice to Board of Trade of loss of ship), and 8. 696 (service of documents). As to the position and authority of the managing owner, and the effect of this section, and as to how far registration of the managing owner's name is evidence of his authority to bind his co-owners, see Frazer v. Cuthbertson (1880), 50 L. J. Q. B. 277; 6 Q. B. D. 93, at p. 98. "It (i.e., managing owner') is a commercial and not a legal expression The section is part of the machinery designed to secure adequate protection for lives and property at sea; and provides, with that and a similar object, that a certain class of agents when they are appointed shall be registered, so that it may be known who in fact is managing the vessel. A managing owner registered under the Act is no more and no less than a managing owner before the Act. He binds those whose agent he is; he binds nobody besides." Ibid., per Bowen, L. J., 6 Q. B. D. at p. 98. As to how far the entry of the managing owner's name in the register is evidence so as to make him liable in respect of the ship, &c, see note (a) to s. 695. As to his position and authority generally, see also The Huntsman [1894], P. 214; 70 L. T. 386; Barker v. Highley (1863), 1 C. B. (N. S.) 27; 1 M. L. C. (O. S.) 383; Thomas v. Lewis (or Oxley) (1878), 48 L. J. Ex. 7; 4 Ex. D. 18; Doeg v. Trist (1892), 2 Com. Cas. 153; Pringle v. Dixon (1896), 2 Com. Cas. 38. Declarations, Inspection of Register, and Fees. Pt. I. 60-62. declarations 60. When, under this Part of this Act, any person is required Power of to make a declaration on behalf of himself or of any corporation, registrar to or any evidence is required to be produced to the registrar, and dispense with it is shown to the satisfaction of the registrar that from any and other reasonable cause that person is unable to make the declaration, evidence. or that the evidence cannot be produced, the registrar may, with [1854, s. 97.] the approval of the Commissioners of Customs, and on the production of such other evidence, and subject to such terms as they may think fit, dispense with the declaration or evidence. declarations. [1854, ss. 31, 61.-(1.) Declarations required by this Part of this Act shall Mode of be made before a registrar of British ships, or a justice of the making peace, or a commissioner for oaths, or a British consular officer. (2.) Declarations required by this Part of this Act may be made on behalf of a corporation by the secretary or any other officer of the corporation authorised by them for the purpose. This section summarizes provisions contained in various sections of the Act of 1854. Sub-s. (1) omits certain restrictions as to the particular registrar, &c., before whom a declaration is to be made. The provision as to a commissioner for oaths is taken from the Commissioners for Oaths Act, 1889. See definition in s. 742. The provision as to corporations now made general in sub-s. (2) did not occur in all the sections of the Act of 1854. 38, 39, 56, 58, 89.] 36 & 37 Vict. 62. All fees authorised to be taken under this part of this Application Act, shall, except where otherwise in this Act provided, if taken of fees. in any part of the United Kingdom, be applied in payment of [1854, s. 95: the general expenses of carrying into effect this part of this Act, c. 85, s. 29.] or otherwise as the Treasury may direct; if taken in a British possession, be disposed of in such way as the Executive Government of the possession direct; and if taken at any port Pt. I. 63-64. Returns to be made by registrars. [1854, ss. 94, 278; 35 & 36 Vict. c. 73, s. 4.] Evidence of register book, registry, and certificate of other documents. of registry established by Order in Council under this Act, be disposed of as Her Majesty in Council directs. Returns, Evidence, and Forms. 63.-(1.) Every registrar in the United Kingdom shall at the expiration of every month, and every other registrar at such times as may be fixed by the Registrar-General of Shipping and Seamen, transmit to him a full return, in such form as the said Registrar-General may direct, of all registries, transfers, transmissions, mortgages, and other dealings with ships which have been registered by or communicated to him in his character of registrar, and of the names of the persons concerned in the same, and of such other particulars as may be directed by the said Registrar-General. (2.) Every registrar at a port in the United Kingdom shall on or before the first day of February and the first day of August in every year transmit to the Registrar-General of Shipping and Seamen a list of all ships registered at that port, and also of all ships whose registers have been transferred or cancelled at that port since the last preceding return. 64.-(1.) A person, on payment of a fee not exceeding one shilling, to be fixed by the Commissioners of Customs, may on application to the registrar at a reasonable time during the hours of his official attendance, inspect any register book (a). (2.) The following documents shall be admissible in evidence [1851, 88. 92, in manner provided by this Act (6), namely, 107; 18 & 19 Vict. c. 91, 8. 15.] (a.) Any register book under this Part of this Act on its pro- (b.) A certificate of registry under this Act purporting to be (3.) A copy or transcript of the register of British ships kept by the Registrar-General of Shipping and Seamen under the direction of the Board of Trade shall be admissible in evidence in manner provided by this Act (b), and have the same effect to all intents as the original register of which it is a copy or transcript. (a) This provision does not impose upon a shipwright, to whom the mortgagor has delivered a ship for repairs, the duty of inspecting the register (to see whether the ship is mortgaged or not), but merely gives him permission to do Williams v. Allsup (1861), 30 L. J. C. P. 353; 10 C. B. (N. S.) 417. So. (3) See as to admissibility of documents in evidence generally, ss. 694, 695, 719-721. M. S. A. 1854, s. 107, appears to be reproduced, with certain verbal modifications, by sub-s. (2) of this section and s. 695 combined; for cases, see note (a) to s. 695. Pt. I. 65—66. and instruc 65.-(1.) The several instruments and documents specified Forms of in the second part of the First Schedule to this Act (a) shall be documents, in the form prescribed by the Commissioners of Customs, with tions as to the consent of the Board of Trade, or as near thereto as circum- registry. stances permit; and the Commissioners of Customs may, with [1854, 8. 96; the consent of the Board of Trade, make such alterations in the forms so prescribed, and also in the forms set out in the first part of the said Schedule, as they may deem requisite. (2.) A registrar shall not be required without the special direction of the Commissioners of Customs to receive and enter in the register book any bill of sale, mortgage, or other instrument for the disposal or transfer of any ship or share, or any interest therein, which is made in any form other than that for the time being required under this Part of this Act, or which contains any particulars other than those contained in such form; but the said Commissioners shall, before altering the forms, give such public notice thereof as may be necessary in order to prevent inconvenience. (3.) The Commissioners of Customs shall cause the said forms to be supplied to all registrars under this Act for distribution to persons requiring to use the same, either free of charge, or at such moderate prices as they may direct. (4.) The Commissioners of Customs, with the consent of the Board of Trade, may also, for carrying into effect this Part of this Act, give such instructions to their officers 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 required for identifying any person, as to the referring to themselves of any question involving doubt or difficulty, and generally as to any act or thing to be done in pursuance of this Part of this Act, as they think fit. (a) The forms of these instruments and documents were scheduled to the M. S. A. 1854, but to facilitate the alteration of them they are now left to be prescribed as here provided. For list of the prescribed forms, see Appendix, p. 523, and St. R. and O. Rev. 1904, Merchant Shipping, p. 44. As to exemptions from stamp duty, see s. 721. Forgery and False Declarations. 18 & 19 Vict. c. 91, s. 11.] 66. If any person forges, or fraudulently alters, or assists in Forgery of forging or fraudulently altering, or procures to be forged or documents. fraudulently altered, any of the following documents, namely, [1854, s. 101.] any register book, builder's certificate, surveyor's certificate, certificate of registry, declaration, bill of sale, instrument of mortgage, or certificate of mortgage or sale under this Part of this Act, or any entry or endorsement required by this Part Pt. I. 67-69. False declarations. of this Act to be made in or on any of those documents, that person shall in respect of each offence be guilty of felony. The scope of this section is somewhat more extended than that of M. S. A. 1854, s. 101. 67.-(1.) If any person in the case of any declaration made in the presence of or produced to a registrar under this Part of [18 & 19 Vict. this Act, or in any document or other evidence produced to such c. 91, s. 9.] [1854, s. 103 (4).] National character of ship to be declared before clearance. [1854, s. 102.] Penalty for unduly assum 8. 103 (1).] registrar (i) wilfully makes, or assists in making, or procures to be made any false statement concerning the title to or ownership of, or the interest existing in any ship, or any share in a ship; or (ii) utters, produces, or makes use of any declaration, or document containing any such false statement knowing the same to be false, he shall in respect of each offence be guilty of a misdemeanor (a). (2.) If any person wilfully makes a false declaration touching the qualification of himself or of any other person or of any corporation to own a British ship or any share therein, he shall for each offence be guilty of a misdemeanor (a), and that ship or share shall be subject to forfeiture under this Act (b), to the extent of the interest therein of the declarant, and also, unless it is proved that the declaration was made without authority, of any person or corporation on behalf of whom the declaration is made. (a) As to punishment of misdemeanors, see s. 680. (b) See s. 76 for proceedings on forfeiture, and note (c) to s. 70. National Character and Flag. 68.-(1.) An officer of customs shall not grant a clearance or transire for any ship until the master of such ship has declared to that officer the name of the nation to which he claims that she belongs, and that officer shall thereupon inscribe that name on the clearance or transire. (2.) If a ship attempts to proceed to sea without such clearance or transire, she may be detained until the declaration is made. For provisions as to detention, see s. 692. 69.-(1.) If a person uses the British flag and assumes the British national character on board a ship owned in whole or in part by any persons not qualified to own a British ship (a), for the purpose of making the ship appear to be a British ship, the ship shall be subject to forfeiture under this Act (b), unless the assumption has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in the exercise of some belligerent right. (2.) In any proceeding for enforcing any such forfeiture the burden of proving a title to use the British flag and assume the British national character shall lie upon the person using and assuming the same. (a) See s. 1 for qualification for ownership. (b) See s. 76 for proceedings on forfeiture of ship, and note (e) to s. 70. Pt. I. 70-71. assumption 70. If the master or owner of a British ship (a) does anything Penalty for or permits anything to be done, or carries or permits to be concealment carried any papers or documents, with intent to conceal the of British or British character of the ship from any person entitled by British of foreign law to inquire into the same, or with intent to assume a foreign character. character (b), or with intent to deceive any person so entitled as [1854, aforesaid, the ship shall be subject to forfeiture under this s. 103 (2).] Act (c); and the master, if he commits or is privy to the commission of the offence, shall in respect of each offence be guilty of a misdemeanor (d). (a) As to the meaning of "British ship," see ss. 1, 2, 72, and notes thereto. (b) A ship was forfeited under this provision in The Sceptre (1876), 3 Asp. M. L. C. 269; 35 L. T. 429; where, in order to prevent her seizure as unseaworthy, the owner, by a representation to the collector of customs that he had sold her to foreigners, procured the closing of the register, and sailed her under a foreign register and flag, whilst he continued to own her and receive the profits of working her; and in The Annandale (1877), 3 Asp. M. L. C. 504; 37 L. T. 364; where she was nominally transferred to an Englishman resident abroad to enable her to sail under a foreign flag and evade the law as to inspection, &c., while her former owners preserved control over her. The (e) "Shall be subject to forfeiture," &c.-The corresponding words of M. S. A. 1854, s. 103 (2), were “shall be forfeited," and under these it was held that the property in the ship vested in the Crown immediately on the commission of the offence, and therefore a bond fide purchaser for value without notice, who purchased after the commission of the offence, but before seizure, had no title. Annandale (1877), 47 L. J. Ad. 3; 2 P. D. 218; affirming 46 L. J. Ad. 68; 2 P. D. 179. It may be doubted whether the law remains the same under the different language of the present Act. The words "subject to forfeiture' occurred in the concluding part of M. S. A. 1854, s. 103, and were considered by Cotton, L. J., in the case cited. Cf. R. v. M'Cleverty (The Telegrafo or Restauracion) (1871), 40 L. J. Ad. 18; L. R. 3 P. C. 673, a case of forfeiture for piracy. As to procedure on forfeiture, see s. 76. () As to the punishment of misdemeanors, see s. 680. 71. If an unqualified person (a) acquires as owner, otherwise Penalty for than by such transmission as hereinbefore provided for (b), any acquiring ownership if interest, either legal or beneficial (c), in a ship using a British unqualified. flag and assuming the British character, that interest shall be [1854, subject to forfeiture under this Act (d). (a) See s. 1 for qualification for ownership. (b) See ss. 27, 28, for provisions regulating transmission. (c) See s. 57, meaning of "beneficial interest." (d) See s. 76 for procedure in forfeiture, and note (c) to s. 70. The Commissioners of Customs can at any time call for proof of title: see M. S. A. 1906, s. 51. 8. 103 (3).] |