the foregoing rule relating to the number of persons entitled to be regis- (5.) A body corporate may be registered as owner by its corporate name : 38. No person shall be entitled to be registered as owner of a ship or any Declaration of share therein until he has made and subscribed a declaration in the form ownership by marked B. in the schedule hereto, referring to the ship as described in the individual certificate of the surveyor, and containing the following particulars; (that is to say,) (1.) A statement of his qualification to be an owner of a share in a British ship: (2.) A statement of the time when and the place where such ship was built, or (if the ship is foreign-built, and the time and place of building not known,) a statement that she is foreign-built, and that he does not know the time or place of her building; and in addition thereto, in the case of a foreign ship, a statement 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 : (3.) A statement of the name of the master: (4.) A statement of the number of shares in such ship of which he is entitled to be registered as owner: (5.) A denial that, to the best of his knowledge and belief, any unqualified person or body of persons is entitled as owner to any legal or beneficial interest (b) in such ship or any share therein: The above declaration of ownership shall be made and subscribed in the presence of the registrar if the declarant reside within five miles of the custom-house of the port of registry, but if beyond that distance in the presence of any registrar or of any justice of the peace (c). owner. ownership 39. No body corporate shall be entitled to be registered as owner of a ship or of Declaration of any share therein until the secretary or other duly appointed public officer of such by body body corporate has made and subscribed in the presence of the registrar of the corporate. port of registry a declaration in the form marked C. in the schedule hereto, referring to the ship as described in the certificate of the surveyor, and containing the following particulars; (that is to say,) (1.) A statement of such circumstances of the constitution and business of such body corporate as prove it to be qualified to own a British ship : (2.) A statement of the time when and the place where such 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 he does not know the time or place of her building; and, in addition thereto, in the case of a foreign ship, a statement 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: (3.) A statement of the name of the master: (4.) A statement of the number of shares in such ship of which such body corporate is owner: (5.) A denial that, to the best of his knowledge and belief, any unqualified person or body of persons is entitled as owner to any legal or beneficial interest in such ship or any share therein. 40. Upon the first registry of a ship there shall, in addition to the declaration Evidence to be of ownership, be produced the following evidence; (that is to say,) (1.) In the case of a British-built ship, a certificate (which the builder is hereby required to grant under his hand) containing a true account of the proper denomination and of the tonnage of such ship as estimated by him, and of the time when and of the place where such ship was built, together with the name of the party (if any) on whose account he has. built the same, and, if any sale or sales have taken place, the bill or bills of sale under which the ship or share therein has become vested in the party requiring to be registered as owner: (c) See sect. 43, post, p. 644; 25 & 26 Vict. c. 63, s. 3, post; Liverpool Borough Bank v. Turner, 1 John. & H. 169. (d) For penalty for false declaration, see sect. 103, sub-sect 4, post, p. 655; 18 & 19 Vict. c. 91, s. 9, post. produced on registry. Penalty on (2.) In the case of a foreign-built ship, the same evidence as in the case of a British-built ship, unless the person requiring to be registered as owner, or, in the case of a body corporate, the duly appointed officer, declares that the time or place of her building is unknown, or that the builder's certificate cannot be procured, in which case there shall be required only the bill or bills of sale under which the ship or share therein became vested in the party requiring to be registered as owner thereof: (3.) In the case of a ship condemned by any competent court, an official copy of the condemnation of such ship. 41. If any builder wilfully makes a false statement in any certificate hereby builder for false required to be granted by him he shall for every such offence incur a penalty not certificate. Particulars of exceeding £100. 42. As soon as the foregoing requisites to the due registry of a ship have been entry in register complied with, the registrar shall enter in the register book the following particulars relating to such ship; (that is to say,) book. No notice taken of trusts. (1.) The name of the ship and of the port to which she belongs: (2.) The details as to her tonnage, build, and description, comprised in the certificate herein-before directed to be given by the surveyor: (3.) The several particulars as to her origin stated in the declaration or declarations of ownership: (4.) The names and descriptions of her registered owner or owners, and if there is more than one such owner, the proportions in which they are interested in such ship. 43. No notice of any trust, express, implied, on constructive, shall be entered in the register book, or receivable by the registrar; and subject to any rights and powers appearing by the register book to be vested in any other party, the registered owner of any ship or share therein shall have power absolutely to dispose in manner herein-after mentioned of such ship or share, and to give effectual receipts for any money paid or advanced by way of consideration (a). Certificate of Registry. Certificate of registry to be granted. Change of owners to be endorsed on certificate of registry. Certificate of Registry. 44. Upon the completion of the registry of any ship the registrar shall grant a certificate (b) of registry in the form marked D. in the schedule hereto, comprising the following particulars; (that is to say,) (1.) The name of the ship and of the port to which she belongs: (2) The details as to her tonnage, build, and description comprised in the certificate herein-before directed to be given by the surveyor: (3.) The name of her master: (4.) The several particulars as to her origin stated in the declaration or declarations of ownership: (5.) The names and descriptions of her registered owner or owners, and if there is more than one such owner, the proportions in which they are respectively interested, indorsed upon such certificate. 45. Whenever any change takes place in the registered ownership of any ship, then, if such change occurs at a time when the ship is at her port of registry, the master shall forthwith deliver the certificate of registry to the registrar, and he shall indorse thereon a memorandum of such change; but if such change occurs during the absence of the ship from her port of registry, then upon her first return to such port the master shall deliver the certificate of registry to the registrar, and he shall indorse thereon a like memorandum of the change; or if she previously arrives at any port where there is a British registrar, such registrar shall, upon being advised by the registrar of her port of registry of the change having taken place, indorse a like memorandum thereof on the certificate of registry, and may for that purpose require the certificate to be delivered to him so that the ship be (a) See 25 & 26 Vict. c. 63, s. 3. post. Stapleton v. Haymen, 2 H. & C. 918. Lacon v. Liffen, 32 L. J. Ch. 25. (b) As to grant of terminable certificate of registry, subject to conditions in Colonies, see 31 & 32 Vict. c. 129, ss. 1, 2. not thereby detained; and any master who fails to deliver to the registrar the certificate of registry as hereinbefore required shall incur a penalty not exceeding £100. master to be 46. Whenever the master of any British registered ship is changed the follow- Change of ing persons, that is to say, if such change is made in consequence of the sentence endorsed on of any naval court, the presiding officer of such court, but if the change takes certificate of place from any other cause, the registrar, or if there is no registrar the British registry. consular officer resident at the port where such change takes place, shall indorse on the certificate of registry a memorandum of such change, and subscribe his name to such indorsement, and forthwith report the change of masters to the [commissioners of customs] (c) in London; and the officers of customs at any port situate within H. M.'s dominions may refuse to admit any person to do any act at such port as master of any British ship, unless his name is inserted in or endorsed upon the certificate of registry of such ship as the last appointed master thereof. 47. The registrar may, with the sanction of the commissioners of customs, (c) Power to grant upon the delivery up to him of the former certificate of registry, grant a new new certificate. certificate in the place of the one so delivered up. case of loss of 48. In the event of the certificate of registry of any ship being mislaid, lost, or Provision in destroyed, if such event occurs at any port in the U. K., the ship being registered certificate. in the U. K., or at any port in any British possession, the ship being registered in the same British possession, then the registrar of her port of registry shall grant a new certificate of registry in lieu of and as a substitute for her original certificate of registry; but if such event occurs elsewhere, the master or some other person having knowledge of the circumstances shall make a declaration before the registrar of any port having a British registrar at which such ship is at the time, or first arrives after such mislaying, loss, or destruction; and such declaration shall state the facts of the case, and the names and descriptions of the registered owners of such ship, to the best of the declarant's knowledge and belief; and the registrar shall thereupon grant a provisional certificate as near to the form appointed by this Act as circumstances permit, and shall insert therein a statement of the circumstances under which such provisional certificate is granted. delivered up. 49. Every such provisional certificate shall, within ten days after the first sub- Provisional sequent arrival of the ship at her port of discharge in the U. K., if registered in certificate to be the U. K., or if registered elsewhere, at her port of discharge in the British possession within which her port of registry is situate, be delivered up to the registrar thereof, who shall thereupon grant a new one, as near to the form appointed by this Act as circumstances permit; and if the master neglects to deliver up such certificate within such time he shall incur a penalty not exceeding £50. certificate. certificate may 50. The certificate of registry shall be used only for the lawful navigation of Custody of the ship, and shall not be subject to detention by reason of any title, lien, (d) charge, or interest whatsoever, which any owner, mortgagee, or other person may have or claim to have on or in the ship described in such certificate; and if any person Delivery of whatever, whether interested or not in the ship, refuses on request to deliver up cerritated. such certificate when in his possession or under his control to the person for the time being entitled to the custody thereof for the purposes of such lawful navigation as aforesaid, or to any registrar, officer of the customs, or other person legally entitled to require such delivery, it shall be lawful for any justice, by warrant under his hand and seal, or for any court capable of taking cognizance of such matter, to cause the person so refusing to appear (e) before him and to be examined touching such refusal; and unless it is proved to the satisfaction of Penalty for such justice or court that there was reasonable cause for such refusal, the offender detention. shall incur a penalty not exceeding £100; but if it is made to appear to such justice or court that the certificate is lost, the party complained of shall be discharged, and such justice or court shall thereupon certify that the certificate of registry is lost. 51. If the person charged with such detainer or refusal is proved to have Mode of preabsconded, so that the warrant of the justice or process of the court cannot be ceeding, if detaining party served upon him, or if he persist in his refusal to deliver the certificate, such abscond. (c) Now registrar-general of shipping and scamen, 35 & 36 Vict. c. 73, s. 4, post. (d) Gibson v. Ingo, 6 Hare, 112. Penalty for certificate. justice or court shall certify the fact, and the same proceedings may then be taken as in the case of a certificate of registry mislaid, lost, or destroyed, or as near thereto as circumstances permit. 52. If the master or owner of any ship uses or attempts to use for the navigausing improper tion of such ship a certificate of registry not legally granted in respect of such ship, he shall be guilty of a misdemeanor, and it shall be lawful for any commissioned officer on full pay in the military or naval service of H. M., or any British officer of customs, or any British consular officer, to seize and detain such ship, and to bring her for adjudication before the High Court of Admiralty in England or Ireland, or any court having Admiralty jurisdiction in H. M.'s dominions; and if such court is of opinion that such use or attempt at use has taken place, it shall pronounce such ship, with her tackle, apparel, and furniture, to be forfeited to H. M., and may award such portion of the proceeds arising from the sale of such ship as it may think just to the officer so bringing in the same for adjudication. Certificate of ship lost, or ceasing to be British, to be delivered up. Provisional cortificate for ship 53. If any registered ship is either actually or constructively lost, taken by the enemy, burnt, or broken up, or if by reason of a transfer to any persons not qualified to be owners of British ships, or of any other matter or thing, any such ship as aforesaid ceases to be a British ship, every person who at the time of the occurrence of any of the aforesaid events owns such ship or any share therein shall, immediately upon obtaining knowledge of any such occurrence, if no notice thereof has already been given to the registrar at the port of registry of such ship, give such notice to him, and he shall make an entry thereof in his register book; and, except in cases where the certificate or registry is lost or destroyed, the master of every ship so circumstanced as aforesaid shall immediately, if such event occurs in port, but if the same occurs elsewhere, then within ten days after his arrival in port, deliver the certificate of registry of such ship to the registrar, or, if there be no registrar, to the British consular officer at such port, and such registrar if he is not himself the registrar of her port of registry, or such British consular officer, shall forthwith forward the certificate so delivered to him to the registrar of the port of registry of the ship; and every owner and master who without reasonable cause makes default in obeying the provisions of this section shall, for each offence, incur a penalty not exceeding 1007. 54. If any ship becomes the property of persons qualified to be owners of becoming vested British ships at any foreign port, the British consular officer resident at such port in British owners may grant the master of such ship upon his application, a provisional certificate stating, at foreign port. Transfer of ships The name of the ship; The time and place of her purchase, and the names of her purchasers; The name of her master; The best particulars as to her tonnage, build, and description that he is able to obtain; and he shall forward a copy of such certificate, at the first convenient opportunity, to the [commissioners of customs] (a) in London: the certificate so granted shall possess the same force as a certificate of registry until the expiration of six months, or until such earlier time as the ship arrives at some port where there is a British registrar; but upon the expiration of such period, or upon arrival at such port, shall be void to all intents. Transfers and Transmissions. 55. A registered ship or any share therein, when disposed of to persons qualior shares therein. fied to be owners of British ships, shall (b) be transferred by bill of sale (c); and such bill of sale shall contain such description of the ship as is contained in the certificate of the surveyor, or such other description as may be sufficient to identify the ship to the satisfaction of the registrar, and shall be according to the form marked E. in the schedule hereto, or as near thereto as circumstances permit, and (a) Now Registrar-General of Shipping and Seamen, 35 & 36 Vict. c. 73, s. 4. post. (b) See the Liverpool Borough Bank v. Turner, 2 De G. F. & J. 50 (c) See 18 & 19 Vict. c. 91, s. 10, post as to shares in ships being included in the word "stock," as defined by the Trustee Act, 1850. shall be executed by the transferrer in the presence of and be attested by one or more witnesses. transferree. 56. No individual shall be entitled to be registered as transferree of a ship or Declaration to any share therein until he has made a declaration in the form marked F. in the be made by schedule hereto, stating his qualification to be registered as owner of a share in a British ship, and containing a denial similar to the denial herein before required to be contained in a declaration of ownership by an original owner; and no body corporate shall be entitled to be registered as transferree of a ship or any share therein until the secretary or other duly appointed public officer of such body corporate has made a declaration in the form marked G. in the schedule hereto, stating the name of such body corporate, and such circumstances of its constitution and business as may prove it to be qualified to own a British ship, and containing a denial similar to the denial hereinbefore required to be contained in a declaration of ownership made on behalf of a body corporate in the case of an individual, the above declaration shall be made, if he reside within five miles of the customhouse of the port of registry, in the presence of the registrar, but if beyond that distance in the presence of any registrar or of any justice of the peace in the case of a body corporate, the declaration shall be made in the presence of the registrar of the port of registry. 57. Every bill of sale for the transfer of any registered ship, or of any share Registration of therein, when duly executed, shall be produced to the registrar of the port at transfer. which the ship is registered, together with the declaration herein before required to be made by a transferree; and the registrar shall thereupon enter in the register book the name of the transferree as owner of the ship or share comprised in such bill of sale, and shall endorse on the bill of sale the fact of such entry having been made, with the date and hour thereof; and all bills of sale of any ship or shares in a ship shall be entered in the register book in the order of their production to the registrar. bankruptcy, or 58. If the property in any ship or in any share therein becomes transmitted in Transmission of consequence of the death or bankruptcy or insolvency of any registered owner, or shares by death, in consequence of the marriage of any female registered owner, or by any lawful marriage. means other than by a transfer according to the provisions of this Act, such transmission shall be authenticated by a declaration of the person to whom such property has been transmitted, made in the form marked H. in the schedule hereto, and containing the several statements hereinbefore required to be contained in the declaration of a transferree, or as near thereto as circumstances permit, and, in addition, a statement describing the manner in which and the party to whom such property has been transmitted; and such declaration shall be inade and subscribed, if the declarant resides at or within five miles of the customhouse of the port of registry, in the presence of the registrar, but if-beyond that distance in the presence of any registrar or of any justice of the peace. ruptcy, mar 59. If such transmission has taken place by virtue of the bankruptcy or insol- Proof of transvency of any registered owner, the said declaration shall be accompanied by such mission by bankevidence as may for the time being be receivable in courts of justice as proof of riage, will, or on the title of parties claiming under any bankruptcy or insolvency: and if such intestacy. transmission has taken place by virtue of the marriage of a female owner, the said declaration shall be accompanied by a copy of the register of such marriage or other legal evidence of the celebration thereof, and shall declare the identity of the said female owner; and if such transmission has taken place by virtue of any testamentary instrument or by intestacy, then in England, Wales, and Ireland the said declaration shall be accompanied by the probate of the will or the letters of administration or an official extract therefrom, and in Scotland or in any British possession by the will or any copy thereof that may be evidence by the laws of Scotland or of such possession, or by letters of administration or any copy thereof, or by such other document as may by the laws of Scotland or of such possession be receivable in the courts of judicature thereof as proof of the person entitled upon an intestacy. share. 60. The registrar, upon the receipt of such declaration so accompanied as afore- Registration of said, shall enter the name of the person or persons entitled under such transmis- transmitted sion in the register book as owner or owners of the ship or share therein in respect of which such transmission has taken place; and such persons, if more than one, shall, however numerous, be considered as one person only as regards the rule |