5 10 15 PART I. British 36. As soon as the requisitions of this Act preliminary to registration have been complied with the registrar shall enter Ships, &c. in the register book the following particulars relating to the ship: (1.) The name of the ship and of the port to which she belongs: (2.) Her official number: Particulars of entry in register book. (3.) The details respecting her tonnage, build, horse-power of her 1854, s. 42. (4.) The particulars respecting her origin stated in the declaration (5.) The name and description of her registered owner, and if (6.) The name of the managing owner (if any). trusts. 1854, s. 43. 37. Notice of any trust, express, implied, or constructive, shall No notice of not be entered in the register book or be receivable by the registrar, and, subject to any rights and powers appearing by the register book to be vested in any other person or body, the registered owner of a ship or share therein shall have power absolutely to dispose 20 in manner in this Act provided of such ship or share, and to give effectual receipts for any money paid or advanced by way of consideration. excluded by 38. The expression "beneficial interest," where used in this part Equities not of this Act, includes interests arising under contract and other this Act. 25 equitable interests; and the intention of this Act is, that, without 25 & 26 Vict. prejudice to the provisions of this Act for preventing notice of c. 63. §. 3. trusts from being entered in the register book or received by the registrar, and without prejudice to the powers of disposition and of giving receipts conferred by this Act on registered owners and 30 mortgagees, and without prejudice to the provisions of this Act relating to the exclusion of unqualified persons from the ownership of British ships, equities may be enforced against owners and mortgagees of ships in respect of their interest therein as equities may be enforced against any persons in respect of any other personal 35 property. retain docu 39. Of the documents by this Act required to be produced to Registrar to the registrar he shall retain in his possession the following; namely, ments. the surveyor's certificate, the builder's certificate, the copy of the 1854, s. 61. condemnation, and all declarations of ownership. 40 40. Where it is made to appear to the satisfaction of any of the Court may following courts, that is to say, In England or Ireland, the Court of Chancery, one of the superior amend register. PART I. Ships, &c. In Scotland, the Court of Session; In any other part of Her Majesty's dominions, the court having the principal civil jurisdiction there; At any foreign port of registry, any British court having Admiralty jurisdiction there; 5 Upon the application of any interested person, made by petition The court may make the order upon such terms as to payment of costs or otherwise as it thinks just, or may refuse to make any such order, and generally may act in the premises as it thinks just; and every registrar, without being made a party to the proceeding, 15 shall, upon being served with an order or an official copy thereof, obey the same. Certificate of registry. 1854, s. 44. Indorsement of change of ownership on certificate. 1854, s. 45. Certificate of Registry. 41. On completion of the registration of a ship, the registrar 20 shall grant a certificate of registry comprising the particulars respecting her entered in the register book, and the name of her master. 42. Whenever a change occurs in the registered ownership of a ship, then, if it occurs while she is at her port of registry, the 25 master, or if there be for the time being no master, the owner or other person having the custody of the certificate of registry, shall forthwith deliver such certificate to the registrar, who shall indorse thereon a memorandum of the change; but if it occurs while she is not at her port of registry then the master 30 shall, on her first return to that port, deliver the certificate of registry to the registrar, who shall indorse thereon a memorandum of the change; or if she previously arrives at a port where there is a registrar that registrar shall, on being advised by the registrar of her port of registry of the change, endorse a memo- 35 randum thereof on the certificate of registry, and may for that purpose require the certificate to be delivered to him, so as the ship be not thereby detained; and if any master fails to deliver to the registrar the certificate of registry as required by this section he shall for every such offence be liable to a penalty not exceeding 40 one hundred pounds. PART I. Ships, &c. master on 43. Where the master of a registered ship is changed, each of the following persons, that is to say, if the change is made in consequence of the sentence of a naval court, the presiding officer of Indorsement that court, but if the change occurs from any other cause, the of change of 5 registrar, or if there be none, the consular officer resident at the certificate. port where the change occurs, shall indorse and sign on the certifi- 1854. s. 46. cate of registry a memorandum of the change, and shall forthwith report the change to the Commissioners of Customs; and the officers of customs at any port in the British dominions may refuse to admit 10 any person to do any act there as master of a British ship unless his name is inserted in or indorsed on her certificate of registry as her last appointed master. certificate. 44. The registrar of the port of registry of a ship, with the Power to approval of the commissioners of customs, on the delivery up to him grant new 15 of the certificate of registry of a ship, may grant a new certificate in 1854, s. 47. lieu thereof. certificate. 49. 45. In case the certificate of registry of a ship is mislaid, lost, Provision or destroyed, then, if that event occurs at a port in the United for loss of Kingdom, the ship being registered in the United Kingdom, or at a 1854, ss. 48, 20 port in a British possession, the ship being registered in that possession, or at a foreign port of registry, the ship being registered at such port, 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; but if the event occurs elsewhere, the master or some 25 other person having knowledge of the facts of the case shall make a declaration before the registrar of any port having a registrar or the consul of any port not having a registrar at which the ship is at the time of the event or first arrives thereafter, stating the facts of the case, and the names and descriptions of the registered 30 owners to the best of the declarant's knowledge and belief, and thereupon the registrar or consul, as the case may be, shal grant a provisional certificate, containing a statement of the circumstances under which it is granted. certificate. 46. The provisional certificate shall, within ten days after the Delivery of 35 first subsequent arrival of the ship at her port of discharge in the provisional United Kingdom, if she be registered in the United Kingdom, 1854, s. 49. or at her port of discharge in any British possession, if she be registered in such possession, or at her port of registry, if she be registered at a foreign port, be delivered up to the registrar of her 40 port of registry, who shall thereupon grant a new certificate of registry; and if the master fails to deliver up the certificate within the ten days aforesaid, he shall for every such offence be liable to a penalty not exceeding fifty pounds. PART I. Ships, &c. Custody of certificate. 1854, ss. 50, 51. Penalty for use of improper certificate. 1854, s. 52. Delivery up of ship lost be British owned. 1854, s. 53. 47. The certificate of registry shall be used only for the lawful navigation of the ship, and shall not be subject to detention by reason of any title, lien, charge, or interest whatever had or claimed by any owner, mortgagee, or other person on or in the ship; and if any person, whether interested in the ship or not, fails 5 on request to deliver up the certificate to the person entitled to the custody thereof for the purposes of the lawful navigation of the ship, or to any registrar, officer of customs, or other person entitled by law to require such delivery, any justice by warrant under his hand, or any court capable of taking cognizance of the matter, 10 may cause the person so refusing to appear and be examined touching such failure, and unless he shows to the satisfaction of the justice or court that there was reasonable cause for such failure, he shall be liable to a penalty not exceeding one hundred pounds; but if it appears to the justice or court that the certificate 15 is lost the person complained of shall be discharged, and the justice or court shall thereupon certify that the certificate of registry is lost. If the person charged is proved to have absconded so that the warrant of a justice or process of a court cannot be served on 20 him, or if he persists in not delivering the certificate, the justice or court before whom he is charged shall certify the fact, and the same proceedings may then be taken as in the case of a certificate mislaid, lost or destroyed, or as near thereto as circumstances permit. 48. If the master or owner of a ship uses or attempts to use for her navigation a certificate of registry not legally granted in respect of such ship, he shall be guilty of a misdemeanor, and such ship shall be subject to forfeiture under this Act. 25 49. If a registered ship is lost, taken by the enemy, burnt, or 30 of certificate broken up, or by reason of a transfer to persons not qualified to be or ceasing to owners of British ships, or otherwise, ceases to be a British ship, every person who, at the time of the occurrence of the event aforesaid, owns the ship, or any share therein, shall immediately on obtaining knowledge of the event, if notice thereof has not already been given 35 to the registrar at her port of registry, give such notice to him, and he shall make an entry thereof in the register book; and, except where her certificate of registry is lost or destroyed, the master of the ship shall, if the event occurs in port, immediately, but if it occurs elsewhere then within ten days after his arrival in port, 40 deliver the certificate to the registrar, or if there be no registrar to the consular officer there, and the registrar, if he is not himself the registrar of her port of registry, or the consular officer, shall PART I. forthwith forward the certificate delivered to him to the registrar of her port of registry; and if any owner or master, without reasonable Ships, &c. excuse (proof whereof shall lie on him), fails in any respect to comply with this section, he shall for every such offence be liable to 5 a penalty not exceeding one hundred pounds. 10 50. If at a foreign port, not being a port of registry under this Provisional certificate Act, a ship becomes the property of a person qualified to own a for ships British ship, the consular officer there may grant to her master, on becoming his application, a provisional certificate, stating,— Her name: British owned abroad. The time and place of her purchase, and the name of her purchaser: 1854, s. 54. The best particulars respecting her tonnage, build, and description 15 And he shall forward a copy of the certificate at the first convenient On the arrival of the ship at a port where is a registrar the master shall forthwith deliver the provisional certificate to the registrar, and if any master, without reasonable excuse (proof whereof shall lie on him), fail to comply with this enactment, he 25 shall for every offence be liable to a penalty not exceeding one hundred pounds. certificates colonics. 51. It shall be lawful for Her Majesty, from time to time, by Terminable Order in Council, to make and to cancel or alter regulations with of registry respect to any British possession named in such order, providing may be 30 that, on an application for the registration under this Act in granted in that possession of any ship not exceeding sixty tons burden, the Merchant registrar may grant, in lieu of a certificate of registry as required by Shipping this Act, a certificate of registry to be terminable at the end of six Act, 1868. months or any longer period from the granting thereof; and all 35 certificates of registry granted under any such regulations shall have effect subject to such conditions as the regulations prescribe. Any ship to which a certificate is granted under any such regulations shall, while such certificate is in force, and in relation to all things done or omitted during that period, be deemed to be a 40 registered British ship. 52. In cases where it appears to the Commissioners of Customs, Power for or to the governor or other person administering the government commis |