페이지 이미지
PDF
ePub
[blocks in formation]

པང ང ང ང

(2.) Naturalised British subjects, or denizens, resident in Her Majesty's dominions ;* or,

X

(3.) Bodies corporate, established under and subject to British law, having their principal place of business in any part of Her Majesty's dominions.

Any unqualified person retaining any interest in a British ship is liable to forfeiture of such interest to the Crown. If such interest were transmitted to such person by marriage, death, or bankruptcy of any registered owner, such interest must be sold.

The property in a British ship is transferred by bill of sale, in the form given in Schedule 1 of the Act, to be signed by the person who is the registered owner. The new owner makes a declaration of transfer in the proper form, stating that he is entitled to be registered as owner, and to complete the title the bill of sale must then be ESS Owner, recorded in the registry of the port to which the ship belongs.

If, however, the ship is newly built, and has not been previously registered, the builder may transfer her to any purchaser, who is thereupon entitled to be registered as owner, on producing the builder's certificate, and the declaration before mentioned.

* A British subject who has taken the oath of allegiance to a foreign state, can only be qualified as owner of a British ship if he has subsequently taken the oath of allegiance to Her Majesty, and continues, during such ownership, resident in Her Majesty's dominions, or is partner in a British firm.

Bills of sale are registered in the order of their presentation to the registrar; and as the registry is the evidence of title to the ship, a bill of sale not registered must give way to a second bill of sale of subsequent date, if the latter is registered first, in which case the other cannot be registered at all.

If the ship is lost, or transferred to persons not qualified to own a British ship, the owners are bound, under a penalty of £100, to give information to the registrar at her port of registry, or the British consular officer if abroad, and deliver up the certificate of registry, if not lost or destroyed, in order that the registry may be closed.

REGISTRY OF SHIPPING.

Every British ship must be registered, excepting—

дорзо

(1.) Ships not exceeding fifteen tons burden, employed in rivers, or in coasting, &c., in the United Kingdom.

(2.) Vessels not exceeding thirty tons burden, having no whole or fixed deck, and employed in fishing or coasting on the shores of Newfoundland, and in the Gulf of St. Lawrence.

A ship which is not registered cannot be recognised as a British ship, and is not entitled to the protection offered by the British flag. A ship may be detained until the certificate of registry, or evidence μαρτυρία of her nationality, is produced.

[ocr errors]

If a ship not registered as a British ship wrongfully use the British flag (unless for the purpose of escaping an enemy), she is liable to forfeiture to the Crown. If a British ship use the flag of any foreign state, or any flag to which only Her Majesty's ships are entitled, the master, or owner if on board, is liable to a fine of £500. The port of registry may be changed if all the persons interested in the ship apply, by writing, to the registrar of the port where the ship is registered.

The register book may be inspected on application to the registrar, or at the London Custom House, for a fee not exceeding 1s. zurysms Susiporns On the death of any registered owner, his executor or administrator must make a declaration to have his name on the register; or if the owner become bankrupt, the trustee under the bankruptcy

[ocr errors]

must make a somewhat similar declaration to have his name put on

the registry.

The person who appears by the registry to be owner or mortgagee,+ is the only person who, on selling, can give a title to the ship.

The ship is supposed to be divided into sixty-four shares, and not more than sixty-four owners can be registered. Any number of persons, however, not exceeding five, may be registered as jointowners of any shares in the ship. No notice of a trust can be entered on the registry.

THE CERTIFICATE OF REGISTRY.

On the registration of a ship, a certificate of the registry is issued. The certificate is not any evidence of the title to the ship, but is used solely for her navigation; and any person who, without reasonable cause, detains it from the person who is entitled to the possession of it for the purpose of navigating the ship, is liable to a penalty of £100, recoverable by proceedings before the magistrates.overc If the master or owner use a certificate which has not been legally granted, he is guilty of a misdemeanour, and the ship is liable to be forfeited to the Crown.

All changes of owners or masters should be endorsed on the register; and if alterations have been made in the ship, in consequence of which the description contained in the register is no longer .ៗ. accurate, it should be produced to the registrar for correction, or a new register should be obtained. A new certificate of registry can also be obtained, if the old one is worn out or lost, on satisfactory + proof of the facts.X найобщую

PART OWNERS.

If no ship's husband has been appointed, and the different part owners of a ship cannot agree as to the voyage on which she is to sail, the majority in value may send her on such voyage as they think fit, on giving to the dissentient minority a security to bring back the ship, or pay the value of their shares, if she be lost, and in

that case the voyage is entirely for the benefit, and at the risk, of the part owners who send her on the voyage; the dissentient owners do not contribute to the cost of the ship's outfit, and they do not participate in any profit she may make by the voyage. The minority may apply to the Court of Admiralty to obtain the above-named security; or if, before the ship is chartered, they give notice to the other owners that they do not agree to the chartering of the ship, then if the charter is carried out and the ship is lost, the loss will fall entirely on the owners who chartered the ship.

A part owner has no right to charge against his co-owners the cost of insuring the ship, unless they have authorised him to insure her.

If the accounts of a voyage are agreed to by a majority of the owners, the remaining owners are bound by it, unless they can show some error in the account.

No part owner can be compelled by his co-owners to sell his share in the ship, unless some definite agreement has been entered into between the co-owners to provide for a sale in the event of disputes occurring between the owners. It is therefore desirable in all cases to have a navigation agreement. (See Appendix of Forms).

MANAGING OWNER, AND SHIP'S HUSBAND.

The name and address of the managing owner, or of the ship's husband, or of the person to whom the ship's management is entrusted, must be registered at the Custom House of the port of registry, or the owners are liable to a penalty of £100.

A registered managing owner is in much the same position as a registered owner with regard to the management of the ship, and is not, unless specifically arranged, entitled to commissions on freights or charters he may procure for the ship. He must also render accounts, within a reasonable time, to the other owners. Their consent is also necessary for extensive structural alterations to the ship.

A ship's husband may be appointed either verbally or by writing; but to prevent disputes, the appointment should always be in writing. (See Appendix of Forms).

When appointed, he becomes the agent of the owners, who are

bound by all acts done by him, within the limits of the authority given to him. He is prima facie the agent of all the owners for doing everything necessary for the management of the ship's affairs.

The ship's husband, however, has no implied authority to insure the ship, and if it is desired to give him power to insure, he should be specially authorized to do so by his appointment or otherwise. avogaon Neither has he any power to purchase cargo on behalf of the other owners, unless he obtains a special authority to do so. He may, however, order any necessary repairs to be done to the ship, unless he has been expressly forbidden to do so by his co-owners.

At the end of every voyage he ought to make up his accounts within a reasonable time, ready to be inspected by his co-owners; and when the freight is received by him, he should divide it amongst the owners, after deducting the expenses incurred in earning it.

[merged small][ocr errors][ocr errors][merged small]

Any registered ship may be mortgaged by a deed in the form given in the First Schedule to the Act. The deed must be registered by the registrar of the port where the ship is registered; and if there are several mortgages, the one which is registered first is entitled to priority over all registered subsequently, although it may bear a nauli later date than the others.

συντρ

Every registered mortgagee has power to sell the ship. But no subsequent mortgagee can exercise his powers of sale without the concurrence of all prior registered mortgagees. He may, by endorse-15. ment on the mortgage deed, in the form given in Schedule 1, transfer the mortgage; and, if transferred, the transfer should also be registered at the port of registry.

When a mortgagee is paid off, a receipt should be endorsed on the mortgage deed, and registered at the port of registry.

མ་ད་

« 이전계속 »