Evidence of register concerned in the same, and of such other particulars as may be directed by the said Registrar-General. (2.) Every registrar (n) at a port (0) 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 RegistrarGeneral of Shipping and Seamen (p) a list of all ships (0) registered at that port (q), and also of all ships whose registers have been transferred or cancelled (r) at that port since the last preceding return. 64. (1.) A person, on payment of a fee not exceeding book, cer- one shilling, to be fixed by the Commissioners of Customs, tificate of may on application to the registrar (n) at a reasonable time registry, and other during the hours of his official attendance, inspect any register book (8). docu ments. 1854, ss. 92, 107. (2.) (t) The following documents shall be admissible in evidence in manner provided by this Act (u), namely (s),— (a.) Any register book (s) under this Part of this Act on its production from the custody of the registrar (n) or other person having the lawful custody thereof; (b.) A certificate of registry () under this Act purporting to be signed by the registrar or other proper officer (y); (c.) An endorsement on a certificate of registry (2) purporting to be signed by the registrar (n) or other proper officer (t); (d.) Every declaration (a) made in pursuance of this Part of this Act in respect of a British ship (¿). (3.) A copy or transcript of the register of British ships kept by the Registrar-General (p) of Shipping and Seamen under the direction of the Board of Trade shall be admissible in evidence in manner provided by this Act (u), and have the same effect to all intents as the original register of which it is a copy of transcript (c). docu ments, and tions as to 65.-(1.) The several instruments and documents speci- Forms of fied in the second part of the First Schedule to this Act shall be in the form prescribed by the Commissioners of instrucCustoms, with the consent of the Board of Trade, or as registry. near thereto as circumstances permit (e); and the Commis- 1851, s. 96. sioners of Customs may, with the consent of the Board of Vict. c. 91, Trade, make such alterations (ƒ) 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 (g). (2.) A registrar (h) 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 (i), mortgage (k), or other instrument for the disposal or transfer of any ship or share, or any interest therein (1), 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 (m) to be supplied to all registrars under this Act (h) 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 may, by public notice of the new title, take the vessel out of the order and disposition of the vendor or transferor, and thus protect the person registered in the event of the bankruptcy of his predecessor. It may also amount to prima facie evidence of liability for ship's debts; but on this, see Frazer v. Cuthbertson (1880), 6 Q. B. D. 97-99, and notes to § 59. The publicity thus given does not, however, render it people's duty to look at the register. Williams v. Allsup (1861), 10 C. B. N. S. 417, in the argument. Cf. (e) Penalties for forging, &c., $$ 66, 67. (f) As to notice of alterations, see sub-s. 2, at end. (g) In accordance with the policy of the framers of this Act, these forms, as they may be altered without the consent of Parliament, are not set out in the schedule; the three forms set out in the first part of the schedule are so set out without any logical reason, as they may be altered under this section. They are presumably set out on account of their general importance. (h) § 4. (i) § 26. (k) § 31. (1) e.g. a transfer of mortgage, § 37. 18 & 19 8. 11. Forgery and False Declarations. Forgery of False de 18 & 19 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 (n), 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. Forgery and False Declarations. 66. If any person forges, or fraudulently alters, or assists in forging or fraudulently altering, or procures to be forged or fraudulently altered, any of the following documents, namely, any register book (6), builder's certificate (p), surveyor's certificate (q), certificate of registry (r), declaration (8), bill of sale (t), instrument of mortgage ("), or certificate of mortgage or sale (r) under this Part of this Act, or any entry or endorsement (y) required by this Part of this Act to be male in or on any of those documents, that person shall in respect of each offence be guilty of forgery. 67.-(1.) If any person in the case of any declaration (s) clarations made in the presence of or produced to a registrar under Vict. c. 91, this Part of this Act, or in any document or other evidence produced to such registrar— 8. 9. (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 (2), 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 (c). (2.) If any person wilfully makes a false declaration (a) 1854, s. touching the qualification of himself or of any other 103 (4). person or of any corporation to own a British ship (b) or any share therein (b), he shall for each offence be guilty of a misdemeanor (c), and that ship or share shall be subject to forfeiture under this Act (d), 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 (e) or corporation (ƒ) on behalf of whom the declaration is made. 68.-(1.) An National Character and Flag. National Character officer of customs shall not grant a and Flag. clearance (g) or transire (h) for any ship (i) until the National master (i) of such ship has declared to that officer the character name of the nation to which he claims that she belongs, of ship to and that officer shall thereupon inscribe that name on the clared clearance (g) or transire (h). "be de before clearance. 102. (2.) If a ship attempts to proceed to sea without such 1854, s. clearance (g) or transire (h), she may be detained until the declaration is made (k). for unduly 69.-(1.) If a person uses the British flag and assumes Penalty the British national character (1) on board a ship owned assuming §§ 680-684; fine how applicable, §§ 699, 716. (d) § 76. (e) Cf. § 55. (f) Cf. § 61, s. 2. (g) 39 & 40 Vict. c. 36, s. 128. (h) Pass for goods, granted by the Customs. Cf. § 145 of Act last cited. (i) Defined, § 742. (k) § 692. (1) An instance of such assumption would seem to be using a British certificate of registry, and so claiming to be British; the case of a foreign ship of war disguising herself British as a British ship is suggested in the character. qualified person, "uses the British 71 appears to provide an adequate Penalty for conccalment or assumption of foreign in whole or in part by any persons not qualified to own a British ship (m), for the purpose of making the ship appear to be a British ship, the ship shall be subject to forfeiture under this Act (n), 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. 70. If the master (0) or owner (p) of a British ship (q) does anything or permits anything to be done, or carries of British or permits to be carried any papers or documents, with intent to conceal the British character of the ship from any person entitled by British law to inquire into the same (1), or with intent to assume a foreign character, or with intent to deceive any person so entitled as aforesaid (r), the ship shall be subject to forfeiture under this Act (n); and the master (o), if he commits or is privy to the commission of the offence, shall in respect of each offence be guilty of a misdemeanor (s). character. 1854, s. 103 (2). Penalty 71. If an unqualified person (t) acquires as owner (p), for acquir otherwise than by such transmission as hereinbefore proship if un- vided for (u), any interest, either legal or beneficial (x), in a ship (o) using a British flag and assuming the British ing owner qualified. 1854, 8. 103 (3). (r) § 68, 1. In The Sceptre (1876), 3 Asp. M. C. N. S. 269, a ship was forfeited on the owner's fraudulent representations to the registrar and custom-house officers, that she was sold to foreigners, and was a Belgian ship, he being still the true owner, and making these representations to avoid the British legislation as to unseaworthy ships. (*) Procedure, §§ 680-684; fine how applicable, §§ 699, 716. (t) § 1, and notes. (u) § 28. |