incidentally affect the register as recording them. Though a British ship is not expressly defined, (see note to § 1), various forms of undue assumption of such a character are provided against in §§ 68-76. Sections 77-87, with Schedule II., are taken up with the rules by which a ship's tonnage is ascertained. This Part, though short, contains many provisions which have been the subject of discussion in the courts, and the notes are correspondingly lengthy. The term "British ship" will be found discussed under § 1, and "owner" under § 58.

The basis of this part of the Act is Part II. of the Act of 1854, to which one or two minor Acts have been added, as appears by the marginal references.

Section.

PART I.

ARRANGEMENT OF SECTIONS.

REGISTRY.

Qualification for owning British Ships.

1. Qualification for owning British ships (p. 8).

Obligation to register British Ships.

2. Obligation to register British ships (p. 10). 3. Exemptions from registry (p. 10).

8. Application for registry (p. 14).

9. Declaration of ownership on registry (p. 15).

10. Evidence on first registry (p. 16).

11. Entry of particulars in register book (p. 17). Documents to be retained by registrar (p. 17). 13. Port of registry (p. 17).

Certificate of Registry.

14. Certificate of registry (p. 18).

15. Custody of certificate (p. 18).

16. Penalty for use of improper certificate (p. 19).

17. Power to grant new certificate (p. 19).

18. Provision for loss of certificate (p. 19).

19. Endorsement of change of master on certificate (p. 20). 20. Endorsement of change of ownership on certificate (p. 21). 21. Delivery up of certificate of ship lost or ceasing to be British-owned (p. 22).

22. Provisional certificate for ships becoming British-owned abroad (p. 22).

23. Temporary passes in lieu of certificates of registry (p. 23).

Section.

Transfers and Transmissions.

24. Transfer of ships or shares (p. 23).

25.

Declaration of transfer (p. 25).

26. Registry of transfer (p. 25).

27. Transmission of property in ship on death, bankruptcy, marriage, &c. (p. 26).

28. Order for sale on transmission to unqualified person (p. 27). 29. Transfer of ship or sale by order of Court (p. 28). 30. Power of court to prohibit transfer (p. 28).

Mortgages.

31. Mortgage of ship or share (p. 29).

32. Entry of discharge of mortgage (p. 31).

33. Priority of mortgages (p. 31).

34. Mortgagee not treated as owner (p. 32).

35. Mortgagee to have power of sale (p. 32).

36. Mortgage not affected by bankruptcy (p. 33).

37. Transfer of mortgages (p. 34).

38. Transmission of interest in mortgage by death, bankruptcy, marriage, &c. (p. 34).

Certificates of Mortgage and Sale.

39. Powers of mortgage and sale may be conferred by certificate (p. 35).

40. Requisites for certificates of mortgage and sale (p. 35). 41. Restrictions on certificates of mortgage and sale (p. 35). 42. Contents of certificates of mortgage and sale (p. 36). 43. Rules as to certificates of mortgage (p. 36).

44. Rules as to certificates of sale (p. 38).

45. Power of Commissioners of Customs in case of loss of certificate of mortgage or sale (p. 40).

46. Revocation of certificates of mortgage and sale (p. 41).

Name of Ship.

47. Rules as to name of ship (p. 41).

Registry of Alterations, Registry anew, and Transfer of Registry. 48. Registry of alterations (p. 43).

49. Regulations for registry of alteration (p. 44).

50. Provisional certificate and endorsement where ship is to be registered anew (p. 44).

51. Registry anew on change of ownership (p. 45). 52. Procedure for registry anew (p. 45).

53. Transfer of registry (p, 46).

54. Restrictions on re-registration of abandoned ships (p. 47).

Section.

Incapacitated Persons.

55. Provision for cases of infancy or other incapacity (p. 47).

Trusts and Equitable Rights.

56. Notice of trusts not received (p. 47).

57. Equities not excluded by Act (p. 48).

Liability of Beneficial Owner.

58. Liability of owners (p. 49).

Managing Owner.

59. Ship's managing owner or manager to be registered (p. 49).

Declarations, Inspection of Register, and Fees.

60. Power of registrar to dispense with declarations and other evidence (p. 50).

61. Mode of making declarations (p. 50). 62. Application of fees (p. 51).

Returns, Evidence, and Forms.

63. Returns to be made by registrars (p. 51).

64. Evidence of register book, certificate of registry, and other documents (p. 52).

65. Forms of documents, and instructions as to registry (p. 53).

Forgery and false Declarations.

66. Forgery of documents (p. 54).

67. False declarations (p. 54).

National Character and Flag.

68. National character of ship to be declared before clearance (p. 55).

69. Penalty for unduly assuming British character (p. 55). 70. Penalty for concealment of British or assumption of foreign character (p. 56).

71. Penalty for acquiring ownership if unqualified (p. 56). 72. Liabilities of ships not recognized as British (p. 57). 73. National colours for ships, and penalty on carrying improper colours (p. 57).

74. Penalty on ship not showing colours (p. 58).

75. Saving for Admiralty (p. 59).

Forfeiture of Ship.

76. Proceedings on forfeiture of ship (p. 59).

Section.

Measurement of Ship and Tonnage.

77. Rules for ascertaining register tonnage (p. 60). 78. Allowance for engine-room space in steamships (p. 62). 79. Deductions for ascertaining tonnage (p. 63).

80. Provisions as to deductions in case of certain steamships

(p. 64).

81. Measurement of ships with double bottoms for water ballast (p. 65).

82. Tonnage once ascertained to be the tonnage of ship (p. 65). 83. Fees for measurement (p. 65).

84. Tonnage of ships of foreign countries adopting tonnage regulations (p. 66).

85. Space occupied by deck cargo to be liable to dues (p. 66). 86. Surveyors and regulations for measurement of ships (p. 67). 87. Levy of tonnage rates under Local Acts on the registered tonnage (p. 68).

Ports of Registry in Places under Foreign Jurisdiction Act. 88. Foreign ports of registry (p. 68).

Registry in Colonies.

89. Powers of Governors in colonies (p. 68).

90. Terminable certificates of registry for small ships in colonies (p. 68).

Application of Part I.

91. Application of Part I. (p. 69).