(iv.) Joint owners shall be considered as constituting one person only as regards the persons entitled to be registered, and shall not be entitled to dispose in severalty of any interest in a ship, or in any share therein in respect of which they are registered:

(v.) A corporation may be registered as owner by its corpo

rate name.

(a) As to inspection, and admissibility in evidence, of register book, see ss. 64, 695.

(b) See s. 57 for definition of "beneficial interest.”

Pt. I.

6-7.

6. Every British ship shall before registry be surveyed by a Survey and surveyor of ships (a) and her tonnage ascertained in accordance measurement of ship. with the tonnage regulations of this Act (b), and the surveyor [1854, ss. 21, shall grant his certificate (c) specifying the ship's tonnage and 36.] build, and such other particulars descriptive of the identity of the ship as may for the time being be required by the Board of Trade, and such certificate shall be delivered to the registrar before registry.

(a) See ss. 724 et seq., and M. S. A. 1906, s. 75, for appointment and powers of surveyors.

(b) See ss. 77 et seq., and M. S. A. 1906, s. 54, for rules for ascertaining register tonnage.

(e) As to form of certificate, see s. 65, Part II. of 1st Schedule, and Appendix, p. 523.

ship.

7.-(1.) Every British ship shall before registry be marked Marking of permanently and conspicuously to the satisfaction of the Board of Trade as follows:

(a.) Her name (a) shall be marked on each of her bows, and
her name and the name of her port of registry must be
marked on her stern, on a dark ground in white or
yellow letters, or on a light ground in black letters,
such letters to be of a length not less than four inches,
and of proportionate breadth;

(b.) Her official number and the number denoting her regis-
tered tonnage shall be cut in on her main beam;
(c.) A scale of feet denoting her draught of water shall be
marked on each side of her stem and of her stern post
in Roman capital letters or in figures, not less than
six inches in length, the lower line of such letters or
figures to coincide with the draught line denoted
thereby, and those letters or figures must be marked
by being cut in and painted white or yellow on a dark
ground, or in such other way as the Board of Trade

approve;

(2.) The Board of Trade may exempt any class of ships from all or any of the requirements of this section, and a fishing boat

[36 & 37 Vict. c. 85, s. 3.]

Pt. I. 8--9.

Application
for registry.
[1854, s. 35.]

Declaration

entered in the fishing boat register, and lettered and numbered in pursuance of the Fourth Part of this Act, need not have her name and port of registry marked under this section (b);

(3.) If the scale of feet showing the ship's draught of water is in any respect inaccurate, so as to be likely to mislead, the owner of the ship shall be liable to a fine not exceeding one hundred pounds;

(4.) The marks required by this section shall be permanently continued, and no alteration shall be made therein, except in the event of any of the particulars thereby denoted being altered in the manner provided by this Act;

(5.) If an owner or master of a British ship neglects to cause his ship to be marked as required by this section, or to keep her so marked, or if any person conceals, removes, alters, defaces, or obliterates, or suffers any person under his control to conceal, remove, alter, deface, or obliterate any of the said marks, except in the event aforesaid, or except for the purpose of escaping capture by an enemy, that owner, master, or person shall for each offence be liable to a fine not exceeding one hundred pounds, and on a certificate from a surveyor of ships (c), or Board of Trade inspector under this Act (d), that a ship is insufficiently or inaccurately marked the ship may be detained (e) until the insufficiency or inaccuracy has been remedied.

(a) For provisions as to name of ship, alteration of name, &c., see s. 47 and M. S. A. 1906, s. 50.

(b) The exception as to fishing boats was new here, being rendered necessary by s. 373, q. v. Yachts belonging to certain yacht clubs are exempted by the Board of Trade.

(c) See ss. 724 et seq. for powers of surveyors.

(d) See ss. 728 et seq. for appointment of inspectors.
(e) See s. 692 for means of enforcing detention.

8. An application for registry of a ship shall be made in the case of individuals by the person requiring to be registered as owner, or by some one or more of the persons so requiring if more than one, or by his or their agent, and in the case of corporations by their agent, and the authority of the agent shall be testified by writing, if appointed by individuals, under the hands of the appointors, and, if appointed by a corporation, under the common seal of that corporation.

As to the power of the registrar to dispense with any evidence, see s. 60.

9. A person shall not be entitled to be registered as owner of of ownership a ship or of a share therein until he, or in the case of a corporation the person authorised by this Act to make declarations on behalf of the corporation, has made and signed a declaration of

on registry.

[1854, ss. 38,

39.]

ownership, referring to the ship as described in the certificate of the surveyor, and containing the following particulars :—

(i.) A statement of his qualification to own a British ship, or

in the case of a corporation, of such circumstances of
the constitution and business thereof as prove it to be
qualified to own a British ship (a) :

(ii.) A statement of the time when and the place where the
ship was built, or, if the ship is foreign built, and the
time and place of building unknown, a statement that
she is foreign built, and that the declarant does not
know the time or place of her building; and, in
addition thereto, in the case of a foreign ship, a state-
ment of her foreign name, or, in the case of a ship
condemned, a statement of the time place and court
at and by which she was condemned:

(iii.) A statement of the name of the master:

(iv.) A statement of the number of shares in the ship of which he or the corporation, as the case may be, is entitled to be registered as owner:

(v.) A declaration that, to the best of his knowledge and belief, no unqualified (a) person or body of persons is entitled as owner to any legal or beneficial interest (b) in the ship or any share therein.

As to the power of the registrar to dispense with declarations and other evidence, see s. 60; as to the mode of making declarations, s. 61; and as to their admissibility in evidence, s. 64.

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

(a) See s. 1 and notes thereto.

(b) See s. 57 for meaning of "beneficial interest.”

Pt. I. 10.

10.—(1.) On the first registry of a ship the following evi- Evidence on dence shall be produced in addition to the declaration of owner- first registry. ship:

:

(a.) in the case of a British-built ship, a builder's certificate, that is to say, a certificate signed by the builder of the ship, and containing a true account of the proper denomination and of the tonnage of the ship, as estimated by him, and of the time when and the place where she was built, and of the name of the person (if any) on whose account the ship was built, and if there has been any sale, the bill of sale under which the ship, or a share therein, has become vested in the applicant for registry:

(b.) in the case of a foreign-built ship, the same evidence as in the case of a British-built ship, unless the declarant who makes the declaration of ownership declares that the time and place of her building are unknown to him, or that the builder's certificate cannot be pro

[1854, ss. 40, 41.]

Pt. I. 11-13.

Entry of particulars in register book. [1854, s. 42.]

Documents to

registrar.

cured, in which case there shall be required only the bill of sale under which the ship, or a share therein, became vested in the applicant for registry:

(c.) in the case of a ship condemned by any competent court, an official copy of the condemnation.

(2.) The builder shall grant the certificate required by this section, and such person as the Commissioners of Customs recognise as carrying on the business of the builder of a ship, shali be included, for the purposes of this section, in the expression "builder of the ship."

(3.) If the person granting a builder's certificate under this section wilfully makes a false statement in that certificate he shall for each offence be liable to a fine not exceeding one hundred pounds.

See note to s. 9, as to power of registrar, and forms.

11. As soon as the requirements of this Act preliminary to registry have been complied with the registrar shall enter in the register book the following particulars respecting the ship (a) :— (a.) the name of the ship and the name of the port to which she belongs (b):

(b.) the details comprised in the surveyor's certificate:
(c.) the particulars respecting her origin stated in the declara-
tion of ownership; and

(d.) the name and description of her registered owner or
owners (a), and if there are more owners than one, the
proportions in which they are interested in her (c).

(a) As to the register as evidence of ownership, tonnage, nationality, &c., see ss. 61, 695 and cases cited in note (a) to s. 695.

() As to the effect of a difference between the name in which a vessel is registered and that by which she is described in a mortgage, see Bell v. Bank of London, cited in note to s. 31 on "Mistake or variation in name. See also s. 47 for rules as to changing ship's name; and M. S. A. 1906, s. 50, as to choice of

name.

(c) As to the rights of co-owners inter se, &c., see Abbott on Merchant Ships, &c., 14th ed. Part I. Chap. III.; Maclachlan on Merchant Shipping, 4th ed. Chap. III.

12. On the registry of a ship the registrar shall retain in his be retained by possession the following documents; namely, the surveyor's certificate, the builder's certificate, any bill of sale of the ship previously made (a), the copy of the condemnation (if any), and all declarations of ownership.

[1854, s. 61.]

Port of registry.

(a) The repealed section did not include a bill of sale.

13. The port at which a British ship is registered for the time being shall be deemed her port of registry and the port to [1854, s. 33.] which she belongs.

Certificate of Registry.

Pt. I.

14-15.

registry.

14. On completion of the registry of a ship, the registrar Certificate of shall grant a certificate of registry comprising the particulars [1854, s. 44.] respecting her entered in the register book, with the name of her master.

As to fees on registration, see M. S. (Mercantile Marine Fund) Act, 1898, s. 3, post, p. 457.

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

As to admissibility in evidence of such certificates, see s. 64.

As to terminable certificates in colonies, see s. 90.

15.-(1.) The certificate of registry shall be used only for Custody of the lawful navigation of the ship, and shall not be subject to certificate. detention by reason of any title, lien, charge, or interest what- [1851, ss. 50, 51.] ever had or claimed by any owner, mortgagee, or other person to, on, or in the ship.

(2.) If any person, whether interested in the ship or not, refuses on request to deliver up the certificate of registry when in his possession or under his control to the person entitled to the custody thereof for the purposes of the lawful navigation of the ship, or to any registrar, officer of customs, or other person entitled by law to require such delivery, any justice by warrant under his hand and seal, or any court capable of taking cognizance of the matter, may summon the person so refusing to appear before such justice or court, and to be examined 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 be liable to a fine not exceeding one hundred pounds, but if it is shown to such justice or court that the certificate is lost, the person summoned shall be discharged, and the justice or court shall certify that the certificate of registry is lost.

(3.) If the person so refusing is proved to have absconded so that the warrant of a justice or process of a court cannot be served on him, or if he persists in not delivering up the certificate, the justice or court shall certify the fact, and the same proceedings may then be taken as in the case of a certificate mislaid, lost, or destroyed, or as near thereto as circumstances permit.

The High Court has power, upon the application of the owners of a ship, to order a master, who has been dismissed from their employment, to deliver up the certificate of registry and other papers and property belonging to the ship when he refuses to surrender them. The St. Olaf (1876), 3 Asp. M. L. C. 268; 35 L. T. 428. See also Gibson v. Ingo (1847), 6 Hare, 112.

Semble, a master, whether co-owner or not, can have no lien upon a certificate of registry or ship's papers in case of wrongful dismissal by the managing owners. Ibid.

In The Celtic King, 63 L. J. P. 37 ; [1894] P. 175, the High Court ordered the certificate to be delivered up to the plaintiff, the purchaser from a mortgagee, by the defendants, to whom the ship was under contract.