Register

book.

persons who are to be registrars of British ships (1) in that possession.

(3.) A registrar shall not be liable to damages or otherwise for any loss accruing to any person by reason of any act done or default made by him in his character of registrar, unless the same has happened through his neglect or wilful act.

5. Every registrar (s) of British ships (r) shall keep a book to be called the register book (t), and entries in that book shall be made in accordance with the following Vict. c. 18, provisions :

1854, ss. 32, 37. 43 & 44

8. 2.

(i.) The property in a ship (u) shall be divided into sixty-four shares (x):

(ii.) Subject to the provisions of this Act with respect to joint owners (y) or owners by transmission (z), not more than sixty-four 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 (a) of any number of persons (b) or of any company represented by or claiming under or through any registered owner or joint owner (y):

(iii.) A person (b) shall not be entitled to be registered as owner of a fractional part of a share in a ship (u); but any number of persons (b) not exceeding five may be registered as joint owners of a ship (u) or of any share or shares therein:

(iv.) Joint owners shall be considered as constituting one person only as regards the persons entitled to be registered, and shall not be entitled to dispose in severalty of any interest in a ship, or in any share therein in respect of which they are registered (c):

(v.) A corporation may be registered as owner by its

corporate name.

and mea

1854, 88.

21, 36.

6. Every British (d) ship (e) shall before registry (ƒ) be Survey surveyed (g) by a surveyor of ships (h) and her tonnage ascer- surement tained in accordance with the tonnage regulations of this of ship. Act (i), and the surveyor shall grant his certificate (k) specifying the ship's tonnage and build, and such other particulars descriptive of the identity of the ship as may for the time being be required by the Board of Trade, and such certificate (1) shall be delivered to the registrar (m) before registry (ƒ).

7.—(1.) Every British (d) ship (e) shall before registry (ƒ) Marking be marked permanently and conspicuously to the satis- of shipfaction of the Board of Trade as follows (n):

(a.) Her name (o) shall be marked on each of her bows,
and her name (o) and the name of her port of
registry (p) must be marked on her stern, on a dark
ground in white or yellow letters, or on a light ground
in black letters, such letters to be of a length not less
than four inches, and of proportionate breadth;
(b.) Her official number (q) and the number denoting her
registered tonnage (i) shall be cut in on her main
beam;

(c.) A scale of feet denoting her draught of water shall
be marked on each side of her stem and of her stern
post in Roman capital letters or in figures, not less
than six inches in length, the lower line of such
letters or figures to coincide with the draught line
denoted thereby, and those letters or figures must be
marked by being cut in and painted white or yellow

36 & 37 Vict. c. 85,

8. 3.

Application for registry. 1854, s. 35.

on a dark ground, or in such other way as the Board of Trade approve;

(2.) The Board of Trade may exempt any class of ships (r) for all or any of the requirements of this section, and a fishing-boat entered in the fishing-boat register (s), and lettered and numbered in pursuance of the Fourth Part of this Act (s), need not have her name and port of registry marked under this section;

(3.) If the scale of feet showing the ship's draught of water is in any respect inaccurate, so as to be likely to mislead, the owner (t) of the ship shall be liable to a fine not exceeding one hundred pounds (u);

(4.) The marks required by this section shall be permanently continued, and no alteration shall be made. therein, except in the event of any of the particulars thereby denoted being altered in the manner provided by this Act (r);

(5.) If an owner (t) or master (r) of a British ship (y) neglects to cause his ship to be marked as required by this section, or to keep her so marked, or if any person conceals, removes, alters, defaces, or obliterates, or suffers any person under his control to conceal, remove, alter, deface, or obliterate any of the said marks, except in the event aforesaid (2), or except for the purpose of escaping capture by an enemy, that owner (a), master (r), or person shall for each offence be liable to a fine not exceeding one hundred pounds (u), and on a certificate from a surveyor of ships (b), or Board of Trade inspector (c) under this Act, that a ship is insufficiently or inaccurately marked, the ship may be detained (d) until the insufficiency or inaccuracy has been remedied.

8. An application for registry of a ship (r) shall be made

in the case of individuals by the person (ƒ) requiring to be registered as owner, or by some one or more of the persons so requiring if more than one, or by his or their agent, and in the case of corporations by their agent, and the authority of the agent shall be testified by writing, if appointed by individuals, under the hands of the appointors, and, if appointed by a corporation, under the common seal of that corporation.

tion of

owner

ss.

9. A person shall not be entitled to be registered as Declaraowner of a ship or of a share therein until he, or in the case of a corporation the person authorized by this Act to ship on make declarations on behalf of the corporation (g), has 1854, 89. registry. made and signed a declaration (h) of ownership (i), re- 38, 39. ferring to the ship as described in the certificate of the surveyor (k), and containing the following particulars :(i.) A statement of his qualification to own a British ship (1), or in the case of a corporation, of such circumstances of the constitution and business thereof as prove it to be qualified to own a British ship():

(ii.) A statement of the time when and the place where
the 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 the declarant does
not know the time or place of her building; and, in
addition thereto, in the case of a foreign ship, a state-
ment 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:

(iii.) A statement of the name (m) of the master (m):
(iv.) A statement of the number of shares (n) in the ship
of which he or the corporation, as the case may be,
is entitled to be registered as owner:

(ƒ) If incapable, see § 55. (g) § 62, s. 2.

(h) As to declarations generally, see §§ 60, 61, 66, 67.

(i) To be in a form prescribed by the Commissioners of Customs with the consent of the Board of Trade,

§ 65, s. 1, and Schedule I. Part II. ;
penalties for forging, &c., § 66.

(k) § 6.

(1) § 1.

(m) Defined, § 742.
(n) § 5.

Evidence on first

(v.) A declaration that, to the best of his knowledge and belief, no unqualified (o) person (p) or body of persons is entitled as owner to any legal or beneficial (q) interest in the ship or any share therein.

10.—(1.) On the first registry (r) of a ship (s) the followregistry ing evidence shall be produced in addition to the declaration of ownership (t);—

1854, ss. 40, 41.

(a.) In the case of a British-built ship, a builder's certificate (u), that is to say, a certificate signed by the builder of the ship (a), and 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 the place where she was built, and of the name of the person (p) (if any) on whose account the ship was built (y), and if there has been any sale, the bill of sale (2) under which the ship, or a share therein, has become vested in the applicant for registry:

(b.) In the case of a foreign-built ship, the same evidence as in the case of a British-built ship (a), unless the declarant who makes the declaration of ownership (t) declares that the time and place of her building are unknown to him, or that the builder's certificate cannot be procured, in which case there shall be required only the bill of sale (2) under which the ship, or a share therein, became vested in the applicant for registry:

(c.) In the case of a ship (s) condemned by any competent court, an official copy of the condemnation. (2.) The builder shall grant the certificate required by this section, and such person as the Commissioners of Customs recognize as carrying on the business of the