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Merchant Shipping (Part II. Registry.)

Comptroller, or other principal Officer of Customs or of Navigation Laws, or if there is no such Officer resident at such Port or Place, the Governor, Lieutenant Governor, or other Person administering the Government of the Possession in which such Port or Place is situate.

Registry of British Ships.

abroad for

of Consul for

XXXI. The Governor, Lieutenant Governor, or other Person Substitution of administering the Government in any British Possession Governor where any Ship is registered under the authority of this Act Cominisshall, with regard to the Performance of any Act or Thing sioners of relating to the Registry of a Ship or of any Interest therein, be Customs, and considered in all respects as occupying the Place of the Com- Justice. missioners of Customs; and any British Cousular Officer shall in any Place where there is no Justice of the Peace, be authorized to take any Declaration hereby required or permitted to be made in the Presence of a Justice of the Peace.

XXXII. Every Registrar shall keep a Book, to be called "The Registrar to Register Book," and enter therein the Particulars herein-after keep Regisrequired to be registered.

XXXIII. The Port or Place at which any British Ship registered for the Time being shall be considered her Port Registry or the Port to which she belongs.

ter Books.

is Port of Regisof try of British Ship.

XXXIV. The following Rules shall be observed with respect Name of Ship. to the Names of British registered Ships; (that is to say,)

(1.) Before Registry the Name of each Ship and of the Port to which she belongs shall be painted on a conspicuous. Part of her Stern on a dark Ground in White or Yellow Letters of a Length not less than Four Inches :

(2.) No Change shall be made in the Name of any registered Ship:

(3.) No Concealment, Absence, or avoidable Obliteration of the above Names shall be permitted, except for the Purpose of escaping Capture by an Enemy:

(4.) The Ship shall not be described by or with the Know-
ledge of the Owner or Master by any Name other than the
One by which she is registered:

And for every Breach of the above Rules or any of them the
Owner and Master shall each incur a Penalty not exceeding
One hundred Pounds.

XXXV. Every Application for the Registry of a Ship shall Application in the Case of Individuals be made by the Person requiring to for Registry, be

Registry of British Ships.

by whom to be made.

Survey of
Ship.

Rules as to
Entries in
Register

Book.

Declaration of

Merchant Shipping (Purt II. Registry.)

be registered as Owner, or by some One or more of such Persons if more than One, or by his or their duly authorized Agent, and in the Case of Bodies Corporate by their duly authorized Agent; the Authority of such Agent, if appointed by Individuals, to be testified by some Writing under the Hands of the Appointors, and if appointed by a Body Corporate, by some Instrument under the Common Seal of such Body Corporate.

XXXVI. Before Registry, the Ship shall be surveyed by a Person duly appointed under this Act; and such surveyor shall grant a Certificate in the Form marked A. in the Schedule hereto, specifying her Tonnage, Build, and such other Particulars descriptive of the Identity of the Ship as may from Time to Time be required by the Board of Trade; and such Certificate shall be delivered to the Registrar before Registry.

XXXVII. The following Rules shall be observed with respect to Entries in the Register Book ; (that is to say,)

(1.) The Property in a Ship shall be divided into Sixty four Shares:

(2.) Subject to the Provisions with respect to joint Owners or Owners by Transmission herein-after contained, not more than Thirty-two Individuals shall be entitled to be registered at the same Time as Owners of any One Ship; but this Rule shall not affect the beneficial Title of any Number of Persons or of any Company represented by or claiming under or through any registered Owner or joint Owner:

(3.) No Person shall be entitled to be registered as Owner of any fractional Part of a Share in a Ship; but any Number of Persons, not exceeding Five, may be registered as joint Owners of a Ship or of a Share or Shares therein:

(4.) Joint Owners shall be considered as constituting One Person only as regards the foregoing Rule relating to the Number of Persons entitled to be registered as Owners, and shall not be entitled to dispose in severalty of any Interest in any Ship or in any Share or Shares therein in respect of which they are registered :

(5.) A Body Corporate may be registered as Owner by its Corporate Name.

XXXVIII. No Person shall be entitled to be registered as Ownership by Owner of a Ship or any Share therein until he has made and

subscribed

Merchant Shipping (Part II. Registry.)

Begistry of British Ships.

subscribed a Declaration in the Form marked B. in the Sche- individual dule hereto, referring to the Ship as described in the Certificate Owner. 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 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.

1

rate.

XXXIX. No Body Corporate shall be entitled to be registered Declaration of as Owner of a Ship or of any Share therein until the Secretary or Ownership by other duly appointed public Officer of such Body Corporate has Body Corpomade and subscribed in the Presence of the Registrar of the 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

Registry of British Ships.

Evidence to be produced

Merchant Shipping (Part II. Registry.)

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.

XL. Upon the First Registry of a ship there shall, in addition to the Declaration of Ownership, be produced the following on Registry. 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:

(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 buiding 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. XLI. If any Builder wilfully makes a false Statement in any false Certifi- Certificate hereby required to be granted by him, he shall for every such Offence incur a Penalty not exceeding One hundred Pounds.

Penalty on
Builder for

cate.

Merchant Shipping (Part 11. Registry.)

Registry of British Ships

XLII. As soon as the foregoing requisites to the due Registry Particulars of of a Ship have been complied with, the Registrar shall enter in Entry in Rethe Register Book the following Particulars relating to such gister Book. Ship; (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 Several Particulars as to her Origin stated in the Declaration 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.

Trusts.

XLIII. No Notice of any Trust, express, implied, or construc- No Notice tive, shall be entered in the Register Book, or receivable by the taken of 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.

Certificate of Registry.

Certificate of
Registry.

XLIV. Upon the Completion of the Registry of any Ship the Certificate of Registrar shall grant a Certificate of Registry in the Form Registry to be marked D. in the Schedule hereto, comprising the following granted. 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.

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