ship. 34 & 35 Vict. c. 110, s. 6. 36 & 37 Vict. c. 85, s. 5. name other than that by which she is for the time being registered (m). (2.) A change shall not be made in the name of a ship without the previous written permission of the Board of Trade (n). (3.) Application for that permission shall be in writing, and if the Board are of opinion that the application is reasonable they may entertain it, and thereupon require notice thereof to be published in such form and manner as they think fit. (4.) On permission being granted to change the name, the ship's name shall forthwith be altered in the register book (0), in the ship's certificate of registry (p), and on her bows and stern (q). (5.) If it is shown to the satisfaction of the Board of Trade that the name of any ship (r) has been changed without their permission they shall direct that her name be altered into that which she bore before the change, and the name shall be altered in the register book (o), in the ship's certificate of registry (p), and on her bows and stern accordingly (4). (6.) Where a ship having once been registered has ceased to be so registered (s) no person (t) unless ignorant of the previous registry (proof whereof shall lie on him) shall apply to register (u), and no registrar shall knowingly register (x), the ship, except by the name by which she was previously registered, unless with the previous written permission of the Board of Trade. (7.) Where a foreign ship, not having at any previous (m) § 4. (n) The case of Bell v. Bank of London (1858), 3 H. & N. 730, where the difference between the name in the bill of sale and in the registry was treated by the court as immaterial, was before the sections reproduced here, which may require the court to be stricter in the matter of names. Semble, that § 57, as to beneficial interests, would be available in case of varying names in documents. (0) § 5. (a) § 7, s. 1 (a.). (8) Semble, by ceasing to be a British ship,by transfer to a foreigner; and cf. 54. Sub-s. 7 does not apply to this case. (t) Includes corporations; Int. Act, 1889, §§ 2, 19. (u) § 8. (c) $11. time been registered as a British ship (y), becomes a British ship (y), no person shall apply to register (z), and no registrar shall knowingly register (a), the ship, except by the name which she bore as a foreign ship immediately before becoming a British ship (y), unless with the previous written permission of the Board of Trade. (8.) If any person (b) acts, or suffers any person under his control to act, in contravention of this section, or omits to do, or suffers any person under his control to omit to do, anything required by this section, he shall for each offence be liable to a fine not exceeding one hundred pounds (e), and (except (d) in the case of an application being made under the section with respect to a foreign ship which not having at any previous time been registered as a British ship has become a British ship (e)) the ship may be detained until this section is complied with (ƒ). Registry of Alterations, Registry anew, and Transfer of Registry of Registry. Alterations, &e. 1854, ss. 48.-(1.) When a registered ship (g) is so altered as not Registry to correspond with the particulars relating to her tonnage of alteraor description contained in the register book (h), then, if tions. the alteration is made at any port (i) having a registrar (k), 84, 85, 87. that registrar, or, if it is made elsewhere, the registrar of the first port (i) having a registrar (k) at which the ship arrives after the alteration, shall, on application being made to him, and on receipt of a certificate from the proper surveyor (1) stating the particulars of the alteration, either cause the alteration to be registered (m), or direct that the ship be registered anew (n). Regula 1854, ss. 84, 85. (2.) On failure (o) to register anew a ship (p) or to register an alteration of a ship so altered as aforesaid (q), that ship shall be deemed not duly registered, and shall not be recognised as a British ship (r). 49.—(1.) For the purpose of the registry of an alteration tions for in a ship, the ship's certificate of registry (s) shall be registry of alteration. produced to the registrar, and the registrar shall, in his discretion either retain the certificate of registry (s) and grant a new certificate (u) of registry (s) containing a description of the ship as altered, or endorse (») and sign on the existing certificate a memorandum of the alteration. Provi tificate and en (2.) The particulars of the alteration so made, and the fact of the new certificate having been granted, or endorsement having been made, shall be entered by the registrar of the ship's port of registry (a) in his register book; and for that purpose the registrar to whom the application for the registry of the alteration has been made (y) (if he is not the registrar of the ship's port of registry (x)), shall forthwith report to the last-mentioned registrar the particulars and facts as aforesaid, accompanied, where a new certificate. of registry has been granted, by the old certificate of registry (s). 50.-(1.) Where any registrar, not being the registrar sional cer- of the ship's port of registry (s), on an application as to an alteration in a ship directs the ship to be registered where ship anew (y), he shall either grant a provisional certificate (u), is to be describing the ship as altered, or provisionally endorse (") registered the particulars of the alteration on the existing cer dorsement anew. 1854, 88. 85, 86. tificate. (2.) Every such provisional certificate, or certificate provisionally endorsed, shall, within ten days after the first subsequent arrival of the ship at her port (2) of discharge in the United Kingdom, if she is registered in the (0) Includes refusal; § 742. (u) Penalties for forging, &c., (p) § 50. §§ 66, 67. (9) § 49. (r) Consequences; § 72; cf. § 2. (x) § 13. (y) § 48. (2) Defined, § 712. United Kingdom, or, if she is registered in a British possession (a), at her port (b) of discharge in that British possession (a), or, if she is registered at a port of registry established by Order in Council under this Act (c), at that port, be delivered up to the registrar thereof (d), and that registrar shall cause the ship to be registered anew. (3.) The registrar granting a provisional certificate under this section, or provisionally endorsing a certificate (e), shall add to the certificate or endorsement a statement that the same is made provisionally, and shall send a report of the particulars of the case to the registrar of the ship's port of registry (f), containing a similar statement as the certificate or endorsement. anew on 51. Where the ownership of any ship is changed, the Registry registrar of the port at which the ship is registered (f) change of may, on the application of the owners (g) of the ship, ship. Owner register the ship anew, although registration anew is not 1854, s. 88. required under this Act. - 81, 85, 88. 52. (1.) Where a ship (b) is to be registered anew, the Procedure registrar (d) shall proceed as in the case of first registry (), try anew. for regisand on the delivery up to him of the existing certificate of 1854, ss. registry (h), and on the other requisites to registry (k), or in the case of a change of ownership such of them as he thinks material, being duly complied with, shall make such registry anew, and grant a certificate thereof (l). (2.) When a ship is registered anew, her former register shall be considered as closed, except so far as relates to any unsatisfied mortgage or existing certificates of sale or mortgage entered thereon (m), but the names of all persons appearing on the former register to be interested in the ship as owners or mortgagees shall be entered on the new Transfer 1854, ss. 89-91. 18 & 19 Vict. c. 91, s. 12. register, and the registry anew shall not in any way affect the rights of any of those persons (n). 53.—(1.) The registry of any ship may be transferred of registry from one port to another on the application to the registrar of the existing port of registry (o) of the ship made by declaration (p) in writing of all persons appearing on the register to be interested therein as owners or mortgagees, but that transfer shall not in any way affect the rights of those persons or any of them, and those rights shall in all respects continue in the same manner as if no such transfer had been effected. Restric tions on (2.) On any such application the registrar shall transmit notice thereof to the registrar of the intended port of registry (0) with a copy of all particulars relating to the ship, and the names of all persons appearing on the register to be interested therein as owners or mortgagees. (3.) The ship's certificate of registry (q) shall be delivered up to the registrar either of the existing or intended port of registry (o), and, if delivered up to the former, shall be transmitted to the registrar of the intended port of registry (o). (4.) On the receipt of the above documents the registrar of the intended port of registry (o) shall enter in his register book (r) all the particulars and names so transmitted as aforesaid, and grant a fresh certificate of registry (q), and thenceforth such ship shall be considered as registered at the new port of registry (6), and the name of the ship's new port of registry (0) shall be submitted for the name of her former port of registry (o) on the ship's stern (s). 54. Where a ship has ceased to be registered as a British (n) The working of this clause is obscure; e.g. A appears on the old register as owner, and Bas mortgagee; A sells to C, who, as part of the price, pays off B, and requires the vessel to be registered anew, under § 51. Will A and B appear on the new register, and, if so, how? There is no restriction in the clause to per sons whose interests are not in fact terminated by the transaction causing the new register. (0) § 13. (p) As to declarations, see §§ CO, 61, 67. (9) § 14. (r) $ 5. (8) § 7, s. 1 (a.). |