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Merchant Shipping (Part II. Registry.)

On Alteration


be re


LXXXV. When the Registrar to whom Application is made in Registry anew respect of any such Alteration as aforesaid is the Registrar of the Port of Registry, he may, if he thinks fit, instead of registering such Alteration, require such Ship to be registered anew in manner herein-before directed on the first Registry of a Ship, and if he is not such Registrar as lastly herein-before mentioned he may nevertheless require such Ship to be registered anew, but he shall in such last-mentioned Case grant a Provisional Certificate or make a Provisional Indorsement of the Alteration made in manner herein-before directed in Cases where no Registry anew is required, taking care to add to such Certificate or Indorsement a Statement that the same is made provisionally, and to insert in his Report to the Registrar of the Port of Registry of the Ship a like Statement.

Registry anew und Transfer of Registry.

Grant of Pro

visional Cerpect of Altera

tificate in res


LXXXVI. Every such Provisional Certificate, or Certificate provisionally indorsed, shall, within Ten Days after the first subSequent Arrival of the Ship at her Port of Discharge in the United Kingdom, if registered in the United Kingdom, 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 cause such Ship to be registered anew in the same Manner in all respects as herein-before required on the first Registry of any Ship.


LXXXVII. On Failure of such Registry anew of any Ship or of Omission to Registry of Alteration of any Ship so altered as aforesaid, such register anew. Ship shall be deemed not duly registered, and shall no longer be recognized as a British Ship.

On Change of LXXXVIII. If upon any Change of Ownership in any Ship Owners, Re- the Owner or Owners desire to have such Ship registered anew, gistry anew may be grant- although such Registry anew is not required by this Act, it ed, if required. shall be lawful for the Registrar of the Port at which such Ship is already registered, on the Delivery up to him of the existing Certificate of Registry, and on the other Requisites to Registry, or such of them as the Registrar thinks material, being duly complied with, to make such Registry anew, and grant a Certificate thereof.

Registry may be transferred from Port to Port.

LXXXIX. The Registry of any Ship may be transferred from one Port to another upon the Application of all Parties appearing on the Register to be interested in such Ship, whether as Owners or Mortgagees, such Application to be expressed by a Declaration in Writing made and subscribed, if the Party so required to make and subscribe the same resides at or within Five Miles of the Custom House of the Port from which such Ship is to be transferred, in the Presence of the Registrar of


Merchant Shipping (Part II. Registry.)

such Port, but if beyond that Distance in the Presence of any Registrar or of any Justice of the Peace.

Registry anew and Transfer of Registry.

XC. Upon such Application being made as is herein-before Manner of mentioned, and upon the Delivery to hiin of the Certificate of Transfer of Registry.. Registry, the Registrar of the Port at which such Ship is already registered shall transmit to the Registrar of the Port at which such Ship is intended to be registered Notice of such Application having been made to him, together with a true Copy of all Particulars relating to such Ship, and the Names of all the Parties appeating by his Book to be interested as Owners or Mortgagees in such Ship; and such last-mentioned Registrar shall, upon the Receipt of such Notice, enter all such Particulars and Names in his Book of Registry, and grant a fresh Certificate of Registry, and thenceforth such Ship shall be considered as registered at and belonging to such last-mentioned Port, and the Name of such last-mentioned Port shall be substituted on the Stein of such Ship in lieu of the Name of the Port previously appearing thereon.

to affect Rights

XCI. The Transfer of the Registry of any Ship in manner Transfer of aforesaid shall not in any way affect the Rights of the several Registry not Persons interested either as Owners or Mortgagees in such of Owners. Ship, but such Rights shall in all respects be maintained and continue in the same Manner as if no such Transfer had been effected.

Registry, Miscellaneous.

Registry, Miscellaneous.


XCII. Every Person may, upon Payment of a Fee to be fixed Inspection of by the Commissioners of Customs not exceeding One Shilling, Register have Access to the Register Book for the Purpose of Inspection at any reasonable Time during the Hours of official Attendance of the Registrar.

XCIII. No Registrar shall be liable to Damages or otherwise Indemnity to for any Loss accruing to any Person by reason of any Act done Registrar. or Default made by him in his Character of Registrar, unless the same has happened through his Neglect or wilful Act.

XCIV. Every Registrar in the United Kingdom shall at the Ex- Return to be piration of every month, and every other Registrar shail without made by Registrars to Delay, or at such stated Times as may be fixed by the Com- Commissionmissioners of Customs, transmit to the Custom House in London ers of Custorns, a full Return in such Form as they may direct of all Registries, Transfers, Transmissions, Mortgages, and other Dealings with Ships which have been registered by or communicated to them in their Character of Registrars, and the Names of the Persons who have been concerned in the same, and such other Particulars as may be directed by the said Commissioners.

Registry, Miscellaneous.

Application of


with Consent of Board of Trade may alter Forms and issue Instructions.

XCVI. The Commissioners of Customs shall cause the several ers of Customs Forms required or authorized to be used by the Second Part of to provide, and this Act, and contained in the Schedule hereto, to be supplied to all Registrars within Her Majesty's Dominions for Distribution to the several Persons requiring to use the same, either free of Charge, or at such moderate Prices as they may from Time to Time direct, and the said Commissioners, with the Consent of the Board of Trade, may from Time to Time make such Alterations in the Forms contained in the Schedule hereto as it may deem requisite, but shall, before issuing any altered form, give such public Notice thereof as may be necessary in order to prevent Înconvenience; and the said Commissioners may also, with such consent as aforesaid, for the Purposes of carrying into effect the Provisions contained in the Second Part of this Act, give such Instructions as to the Manner of making Entries in the Register Book, as to the Execution and Attestation of Powers of Attorney, as to any Evidence to be required for identifying any Person, and generally as to any Act or Thing to be done in pursuance of the Second Part of this Act, as they may think fit.

Power to Re

gistrar to dis pense with Declarations and other Evidence.

Merchant Shipping (Part II. Registry.)

XCV. All Fees authorized to be taken under the Second Part of this Act shall, if taken in any Part of the United Kingdom, be applied in Payment of the general Expenses of carrying into eflect the Purposes of such Second Part, or otherwise as the Treasury may direct, but if taken elsewhere shall be disposed of in such Way as the Executive Government of the British Possession in which they are taken may direct.

Power for Commissioners or Govenor in special Cases to grant

a Pass to a Ship not registered.

XCVII. Whenever in any Case in which under the Second Part of this Act any Person is required to make a Declaration on behalf of himself or of any Body Corporate, or any Evidence is required to be produced to the Registrar, it is shown to the satisfaction of the Registrar that from any reasonable Cause such Person is unable to make the Declaration, or that such Evidence cannot be produced, it shall be lawful for the Registrar, with the Sanction of the Commissioners of Customs, and upon the Production of such other Evidence, and subject to such Terms as they may think fit, to dispense with any such Declaration or Evidence.

XCVIII. In Cases where it appears to the Commissioners of Customs or to the Governor or other Person administering the Government of any British Possession, that by reason of special Circumstances it would be desirable that Permission should be granted to any British Ship to pass, without being previously registered, from one Port or Place in Her Majesty's Dominions to any other Port or Place within the same, it shall be lawful for such Commissioners or Governor or other Person to grant a


Merchant Shipping (Part II. Registry.)

Pass accordingly, and such Pass shall for the Time and within the Limits therein mentioned have the same Effect as a Certificate of Registry.

Registry, Miscellaneous.

XCIX. If any Person interested in any Ship or any Share there- Provision for in is, by reason of Infancy, Lunacy, or other Inability, incapable Cases of Inof making any Declaration or doing any Thing required or fancy or other Incapacity. permitted by this Act to be made or done by such incapable Person in respect of Registry, then the Guardian or Committee, if any, of such incapable Person, or, if there be none, any Person appointed by any Court or Judge possessing Jurisdiction in respect of the Property of incapable Persons, upon the Petition of any Person on behalf of such incapable Person, or of any other Person interested in the making such Declaration or doing such Thing, may make such Declaration, or a Declaration as nearly corresponding thereto as Circumstances permit, and do such Thing in the Name and on behalf of such incapable Person; and all Acts done by such Substitute shall be as effectual as if done by the Person for whom he is substituted.

C. Whenever any Person is beneficially interested, other- Liabilities of wise than by way of Mortgage, in any Ship or Share therein Owners. registered in the Name of some other Person as Owner, the Person so interested shall, as well as the registered Owner, be subject to all pecuniary Penalties imposed by this or by any other Act on Owners of Ships or Shares therein, so nevertheless that Proceedings may be taken for the Enforcement of any such pecuniary Penalties against both or either of the aforesaid Parties, with or without joining the other of them.



CI. Any Person who forges, assists in forging, or procures Punishment to be forged, fraudulently alters, assists in fraudulently altering, for Forgery. or procures to be fraudulently altered, any Register Book, Certificate of Surveyor, Certificate of Registry, Declaration of Ownership, Bill of Sale, Instrument of Mortgage, Certificate of Mortgage or Sale, or any Entry or Indorsement required by the Second Part of this Act to be made in or on any of the above Documents, shall for every such Offence be deemed to be guilty of Felony.


National Character.

to be declared

CII. No Officer of Customs shall grant a Clearance or Tran- National Chasire for any Ship until the Master of such Ship has declared to racter of Ship such Officer the Name of the Nation to which he claims that before Clearshe belongs, and such Officer shall thereupon inscribe such ance. Name on the Clearance or Transire; and if any Ship attempts


National Character.

National Character.


For un luly assuming a British Character.

For Concealment of British or Assumption of Foreign Cha


For acquiring Ownership if unqualified.

For false Declaration of Ownership.

Merchant Shipping (Part II. Registry.)

to proceed to Sea without such Clearance or Transire, any such Officer may detain her until such Declaration is made.

CIII. The Offences herein-after mentioned shall be punishable as follows; (that is to say,)

(1.) If any Person uses the British Flag and assumes the British National Character on board any Ship owned in whole or in part by any Persons not entitled by Law to own British Ships, for the Purpose of making such Ship appear to be a British Ship, such Ship shall be forfeited to Her Majesty, unless such Assumption has been made for the Purpose of escaping Capture by an enemy or by a Foreign Ship of War in exercise of some belligerent Right; and 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:

(2.) If the Master or Owner of any British Ship does or permits to be done any Matter or Thing, or carries or permits to be carried any Papers or Documents, with intent to conceal the British Character of such Ship from any Person entitled by British Law to inquire into the same, or to assume a Foreign Character, or with Intent to deceive any such Person as lastly herein-before mentioned, such Ship shall be forfeited to Her Majesty; and the Master, if he commits or is privy to the Commission of the Offence, shall be guilty of a Misdemeanor:

(3.) If any unqualified Person, except in the Case of such transmitted Interests as are herein-before mentioned, acquires as Owner any Interest, either legal or beneficial, in a Ship using a British Flag and assuming the British Character, such Interest shall be forfeited to Her Majesty :

(4.) If any Person on behalf of himself or any other Person

or Body of Persons, wilfully makes a false Declaration touching the Qualification of himself or such other Person or Body of Persons to own British Ships or any Shares therein, the Declarant shall be guilty of a Misdemeanor ; and the Ship or Share in respect of which such Declaration is made, if the same has not been forfeited under the foregoing Provision, shall, to the Extent of the Interest therein of the Person making the Declaration, and, unless it is shown that he had no Authority to make the same, of the Parties on behalf of whom such Declaration is made, be forfeited to Her Majesty :


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