PART I. 20. Whenever the register tonnage of any ship has been ascerShips, &c. tained and registered in accordance with the provisions of this Act, Tonnage when once ascertained to be ever the tonnage. Remeasurement of ships registered before 1854, s. 27. the same shall thenceforth, save as is otherwise expressly provided by this Act, be deemed to be the tonnage of such ship, and shall be repeated in every subsequent registry thereof, unless any alter- 5 after deemed ation is made in the form, internal arrangement, or capacity of such ship, or unless it is discovered that the tonnage of such ship has been erroneously computed; and in either of such cases such ship shall be remeasured, and her tonnage determined and registered according to the rules herein-before contained in that behalf. 10 21. The regulations for the measurement of tonnage under this Act shall not make it necessary to alter the register tonnage of any British ship registered before the commencement of this Act, but if the owner of a ship registered as by law required at the commencement of this Act desires that the entry of the ship's 15 tonnage in the register book should be according to measurement under the tonnage regulations of this Act he may apply to the Commissioners of Customs for permission to have the ship measured again according to the tonnage regulations of this Act, and the Commissioners of Customs may thereupon, and on payment by him of 20 such fee not exceeding seven shillings and sixpence for each transverse section as they appoint, direct the same to be measured again, and the entry in the register book shall be altered accordingly. Act. Her Majesty in Council may declare who are to be registrars. Merchant s. 6. extended Persons in third schedule to be registrars of British ships until varied by Order in Council. 1854, s. 30. Registry of British Ships. 22. It shall be lawful for Her Majesty from time to time by 25 Order in Council to declare, either with respect to the United Kingdom, or with respect to any British possession, the description of persons who are to be registrars of British ships in the places specified in such order, and to revoke or vary any such order. After the date specified in the order, or if there be no date, 30 after the date of the publication of such order in the London Gazette as respects the United Kingdom, and after the date of the proclamation of the order as respects any British possession, the persons described in the order shall in the places specified in such order register British ships, and be deemed registrars for the pur- 35 poses of this Act. 23. Subject to any alterations which may be made by any such order, and until any such order comes into force, the persons mentioned in the third schedule to this Act shall register British ships, and shall be deemed registrars for purposes of this 40 Act. 5 24. Every registrar shall keep a book, to be called the register book, and shall enter therein the particulars by this Act required to be registered. PART I. Ships, &c. Registrar to keep register book. 1854, s. 32. 25. An application for registration of a ship shall be made in the case of individuals by the person requiring to be registered as Application owner, or by some one or more of the persons so requiring if more for registration by than one, or by his or their agent, and in the case of bodies corpo- whom to be rate by their agent, the authority of such agent, if appointed by made. individuals, being testified by writing under the hands of the 1854, s. 35. 10 appointors, and if appointed by a body corporate by writing under the common seal of that body. 26. Before the registration of a ship she shall be surveyed by a Measuring surveyor, who shall grant a certificate specifying her tonnage and survey of ship. build, the horse power of her engines, and such other particulars 1854, s. 36. 15 descriptive of her identity, as the Board of Trade from time to time direct, and the certificate of such surveyor shall be delivered to the registrar before the ship is registered. "Horse-power" shall be calculated as follows, that is to say, the square of the number of inches in the diameter of the cylinder shall 20 be multiplied by the number of feet the piston moves per minute, and the product shall be divided by six thousand. If there be more than one engine in any ship, the horse-power of each engine shall be calculated in the same way, and the sum of the horse-power of all the engines shall form the total horse-power 25 of the engines of such ship. 30 35 The horse-power of a ship shall, for the purposes of this Act, be deemed to be her horse-power as stated in her register. 27. The following rules shall be observed with respect to the Name of names of registered British ships: ship. 1854, s. 34. (1.) Before registry, the name of the ship and the name of her 1855, s. 13. port of registry 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 and of proportionate breadth and thickness (but the Commissioners of Customs may, with the consent of the Board of Trade, exempt any pleasure yacht from this provision): (2.) No concealment, absence, or avoidable obliteration of the PART I. British Ships, &c. Number of tonnage, &c. to be carved on beam. 1854, s. 25. Port of registry. 1854, s. 33. Substitution of governor (3.) A ship shall not be described, by or with the knowledge of her owner or master, by any name other than the one by which she is registered: (4.) No change shall be made in the name of any registered ship: 5 (5.) If in any case it is shown to the satisfaction of the Commissioners of Customs that a change has been made in the name of any registered ship, they may, if they think fit, direct that her name be altered into that which she bore before such change, and the name shall be altered in the 10 register book, in the ship's certificate of registry, and on the ship's stern, accordingly: (6.) No registrar shall register any ship which having once been registered has ceased to be registered, except in the name by which she was originally registered: and for every breach of any provision of this section the owner and master shall each be liable to a penalty not exceeding one hundred pounds. 15 28. In every registered British ship the number denoting her register tonnage and her official number, and the number of her 20 certificate of registry, shall be deeply carved or otherwise permanently marked on her main beam, and shall be so continued, and in default thereof the ship shall no longer be recognized as a British ship. 29. The port or place at which a British ship is registered for 25 the time being shall be deemed her port of registry or the port to which she belongs. 30. The governor of any British possession where any ship is for Commis- registered under this Act shall, with regard to the performance of missioners of anything relating to the registry of a ship or of any interest 30 1854, s. 31. therein, be considered in all respects as occupying the place of Customs. Her Majesty may make foreign port a port of registry in certain cases. the Commissioners of Customs. 31. Where, in accordance with an Act of the session of the sixth and seventh years of the reign of Her present Majesty, chapter ninety-four, intituled "An Act to remove doubt as to the exercise 35 "of power and jurisdiction by Her Majesty within divers countries "and places out of Her Majesty's dominions, and to render the "same more effectual," Her Majesty exercises jurisdiction within any foreign port or place, it shall be lawful for Her Majesty from time to time, by Order in Council, to declare such foreign port or 40 place a port of registry, in this Act referred to as a "foreign port of registry," and in like manner to revoke or vary any such order. PART I. Where any foreign port or place is declared a port of registry Her Majesty may by Order in Council declare what person or persons Ships, &c. thereat shall register British ships, and may make, vary, and alter regulations with regard to the registry of ships thereat, and every 5 such person shall, so long as the port continues a port of registry, be deemed a registrar for the purposes of this Act. book. 32. Entries in the register book shall be made according to Entries in register the following provisions : 15 20 25 30 (1.) The property in a ship shall be divided into sixty-four 1854, s. 37. (2.) Subject to the provisions of this Act, respecting joint owners (3.) No person shall be registered as owner of a fractional part (4.) Joint owners shall be considered as constituting one person. (5.) A body corporate may be registered as owner by the corporate name. of owner ship by individual or for body corporate. 33. An individual shall not be entitled to be registered as Declaration owner of a ship or of a share therein until he has made and signed, and a body corporate shall not be entitled to be so registered until their secretary or other officer has made and signed, a declaration referring to the ship as described in the surveyor's certificate, and 35 containing the following particulars : 40 (1.) A statement of the qualification of the individual or body (2.) A statement of the name of the ship: (2a.) A statement of the name of the managing owner (if any) (3.) A statement of the time when and the place where she was 1854, ss. 38, 39. PART I. British Ships, &c. Evidence on first regis tration. 1854, s. 40. Penalty for false certificate by builder. 1854, s. 41. building is not known to the declarant, a statement that she is foreign-built and that the declarant does not know the time or place of her building, with a statement of her foreign name; and in the case of a ship condemned, a statement of the time, place, and court at and by which 5 she was condemned: (4.) A statement of the name of the master: (5.) A statement of the number of shares in the ship which the individual or body corporate owns : (6.) A denial, to the best of the declarant's knowledge and belief, 10 that any unqualified person or body has as owner any legal or beneficial interest in the ship or in any share therein. 34. On the first registration of a ship there shall, besides the declaration of ownership, be produced the following evidence: 15 (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 the ship as estimated by him, and of the time when and of the place where she was built, and 20 of the name of the person (if any) on whose account he built the same, and if there has been any sale, the bill of sale under which the ship, or a share therein, has become vested in the person requiring to be registered as owner: 25 (2.) In the case of a foreign-built ship the same evidence as in the case of a British-built ship, unless the declarant who makes the declaration of ownership declares that the time and place of her building are unknown to him, or that the builder's certificate cannot be procured, in 30 which case there shall be required only the bill of sale under which the ship, or a share therein, became vested in the person or body requiring to be registered as owner: (3.) In the case of a ship condemned an official copy of the 35 condemnation. 35. If any builder makes in any certificate by this Act required to be granted by him a statement false in any material particular, he shall for every such offence be liable to a penalty not exceeding one hundred pounds, unless he shows to the satisfaction of the 40 court or justice before whom he is charged that he did not know of such falsity, and that he could not, with reasonable diligence, have obtained such knowledge. |