Application for application for registry of a ship MIA be made in the case of individuals by the person 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 must be testified in writing if appointed by individuals, under the hands of the appointors, and if appointed by a corporation, under the common seal of that corporation. Declaration of ownership.—A person is not entitled to be registered as owner of a ship or a share therein until he, or in the case of a corporation the person authorised by law to make declarations on behalf of the corporation, has made and signed a declaration of ownership, referring to the ship as described in the certificate of the surveyor, and con taining the following particulars :—(1) A statement of his qualification to own a British ship, 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 ; (2) 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 and place of her building ; and in addition thereto, in the case of a foreign ship, a statement of her foreign name, or, in the case of a ship condemned, a statement of the time, place, and court at which she was condemned ; (3) a statement of the name of the master ; (4) a statement of the number of shares in the ship in which he or the corporation, as the case I..: hr.. is entitled to be registered as owner ; (5) a declaration that to the best of his '-nowledge no unqualified person is entitled as owner to any legal or beneficial interest in the ship or any share therein. Evidence on first registry.—On the first registry of a ship the following evidence must be pro duced in addition to the declaration of ownership :—(a) In the case of a British built ship, a builder's certificate signed by the builder, and containing a true account of the proper denomination and of the tonnage of the ship, and of the time and place of her construction, and of the person on whose account she was built, and if there has been any sale, the bill of sale under which the ship, or a share therein, has become vested in the applicant ; (b) in the case of a foreign built ship, the same evidence, except where the time and place of her building are unknown to the person making the declaration of ownership, or that the builder's certificate cannot be procured, in which case only the bill of sale, under which the ship or a share therein became vested in the applicant, is required ; (c) in the case of a ship condemned by a com petent court, an official copy of the condemnation. The builder is bound to grant his certificate of building, and on wilfully making a false statement in that certificate, is liable to a fine of X100. On the registry of a ship the registrar retains in his possession the surveyor's certificate, the builder's certificate, any bill of sale of the ship previously made, the copy of the condemnation (if any) and all declarations of ownership. The port at which a British ship is registered for the time being is deemed her " port of registry," and the port to which she belongs. The commissioners of customs have power to inquire into the title of a registered ship to be registered. Certificate of completion of the registry of a ship, the registrar grants a "certificate of registry " comprising the particulars respecting her efltered in the register book, with the name of her master. This certificate must be used only for the lawful navigation of the ship, and is not subject to detention for any lien or charge by any mortgagee or other person. Any person, whether inter ested in the ship or not, refusing on request to deliver up the certificate of registry when in his possession or control 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 such delivery, unless he can prove that there was reasonable cause for such refusal, is liable to a fine of 19100. But if it is shown that the certificate is lost such person will be dis charged, and the justice or court will certify that the certificate is lost. The justice or court will also certify the fact if the person so refusing is proved to have absconded, or if he persists in not delivering up the certificate, and the same proceedings may then be taken as in the case of a certificate mislaid, lost, or destroyed. 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 the ship, he is, for each offence, guilty of a misdemeanour, and the ship is liable to forfeiture. The registrar of the port of registry may, with the approval of the commissioners of customs, and on the delivery up to him of the certificate of registry of a ship, grant a new certificate in lieu thereof. Lost the event of the certificate of registry of a ship being mislaid, lost, or destroyed, the registrar of her port of registry will grant a new certificate in lieu thereof. If the port (having a British registrar or consular officer) at which the ship is at the time of the event, or first arrives after the event—(a) is not in the United Kingdom, where the is registered in the United Kingdom ; or (b) is not in the Brit' 7.1 possession in which the ship is registered ; or (c) where the ship is registered at a port of registry established by 07 der in council is not that port, the master of the ship or some other person having knowledge of the facts must make a declaration stating them, and the names and descriptions of the registered. owners of such ship, and the registrar or consular officer will thereupon grant a " provisional certificate" containing a statement of the circumstances. The provisional certificate must within ten days after the first subsequent arrival of the ship at her port of discharge in the United Kingdom, where she is registered in the United Kingdom, or in the British possession in which she is registered, or where she is registered at a port of registry established by order in council, at that port, be delivered to the registrar of her port of registry, and the registrar will thereupon grant the new certificate of registry. A master failing so to deliver up a provisional certificate is liable to a fine of X50. When the master of a registered British ship is changed, each of the following persons—(a) if the change is made in consequence of the sentence of a naval court, the presiding officer of that court ; (b) if in con sequence of the removal of the master by a court under Part VI. of the Merchant Shipping Act, 1894, the proper officer of that court ; and (c) if the change occurs from any other cause, the registrar or if there is none, the British consular officer at the port where the change occurs must indorse and sign on the certificate of registry a memorandum of the change, and forthwith report the change to the registrar-general of shipping and seamen. And any officer of customs at any port in his Majesty's dominions may refuse to admit 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. Indorsement of change of ownership on certificate.— Every change of ownership of a ship must be indorsed on her certificate of registry either by the registrar of the ship's port of registry, or by the registrar of any port at which the ship arrives who has been advised of the change by the registrar of the ship's port of registry. The master must, for the purpose of such indorsement by the registrar of the ship's port of registry, deliver to the registrar the certificate of registry forthwith, if the change occurs when the ship is at her port of registry ; if it occurs during her absence from that port and the indorsement is not made before her return, then upon her first return to that port. The registrar of any port, not being the ship's
port of registry, who is by law required to make an indorsement, may for that purpose require the master of the ship to deliver to him the ship's certifi cate of registry, so long as the ship is not thereby detained, and a master who fails to do so is liable to a fine of .eloo. In the event of a registered ship being either actually or constructively lost, taken by the enemy, burnt, or broken up, or ceasing by reason of a transfer to persons not qualified to be owners of British ships, or otherwise to be a British ship, every owner of the ship or any share in the ship must, immediately on obtaining knowledge of the event, if no notice thereof has already been given to the registrar, give notice thereof to the registrar at her port of registry. In such case, except when the ship's certificate of registry is lost or destroyed, the master of the ship must, if the event occurs in port, immediately, but if it occurs elsewhere wittiin ten days after his arrival in port, deliver the certificate to the registrar, or if there none to the British consular officer there ; and the registrar, if he is not himself the registrar of her port of registry, or the British consular officer, must forthwith forward the certificate to the registrar of her port of registry. Any owner or master failing without reasonable cause to comply with these requirements is liable to a fine of X100 for each offence. If at a port not within his Majesty's dominions and not being a port of registry established by order in council a ship becomes the property of persons qualified to own a British ship, the British consular officer there may grant to her master a provisional certificate stating—(a) the name of the ship ; (b) the time and place of her purchase and the names of her purchasers ; (c) the name of her master ; and (d) the best particulars respecting her tonnage, build and description obtainable ; and must forward a copy to the registrar-general. Such provisional certificate has the effect of a certificate of registry for six months from its date, or until the ship's arrival at a port where there is a registrar, whichever first happens, and then ceases to have effect. Temporary passes in lieu of certificates of registry.—Where it appears to the commissioners of customs, or to the governor of a British possession, that by reason of special circumstances permission should be granted to any ship to pass, without being previously registered, from any port to any other port within his Majesty's dominions, a " pass " may be granted accordingly ; and this pass, for the time and within the limits therein mentioned, will have the same effect as a certificate of registry.
Transfers and transmissions.—A registered ship or a share therein (when disposed of to a person qualified to own a British ship) must be transferred by " bill of sale." The bill of sale must contain such description of the ship as is contained in the surveyor's certificate, or some other description sufficient to identify the ship to the satisfaction of the registrar ; must be in the prescribed form ; and be executed by the transferor before a witness. When a registered ship or share therein is transferred, the transferee is not entitled to be registered as owner thereof until he, or in the case of a corporation, the person thereunto authorised has made and signed a declara tion referring to the ship, and containing—(a) a statement of the qualifica tion of the transferee to own a British ship, or if the transferee is a corporation, of such circumstances of the constitution and business thereof as prove it to be qualified to own a British ship ; and (b) a declaration that, to the best of his knowledge, no unqualified person or body of persons is entitled as owner to any legal or beneficial interest in the ship or any share therein. Every bill of sale when duly executed must be produced to the registrar of the port of registry with the declaration of transfer ; and the registrar enters in the register book the name of the transferee as. owner of the ship or share, and indorses on the bill of sale the fact of such entry having been made, with the day and hour thereof. Bills of sale of a ship or of a share therein are entered in the register book in the order of their production to the registrar. Where the property in a registered ship or share therein is transmitted to a person qualified to own a British ship on the marriage, death, or bankruptcy of any registered owner, or by any lawful means other than by transfer-4a) that person must authentieate the transmis sion by making and signing a declaration identifying the ship and containing the several statements required to be contained in a declaration of transfer, and a statement of the manner in which and the person to whom 0... property has been transmitted ; (b) if the transmission takes place by virtue of marriage, the declaration must be accompanied by a copy of the register of the marriage or other legal evidence of the celebration thereof, and must declare the identity of the female owner ; (c) if the transmission is consequent on bankruptcy, the declaration of transmission must be accompanied by such evidence as is for the time being receivable in courts of justice as proof of the title of persons claiming under a bankruptcy ; (d) if the transmission is conse quent on death, the declaration of transmission must be accompanied by the instrument of representation, or an official extract therefrom. The registrar, on receipt of the declaration of transmission so accompanied, enters in the register book the name of the person entitled as owner of the ship or share the property in which has been transmitted, and where there is more than one such person, will enter the names of all such persons, who, however, are considered as one person. Where the property in a registered ship or share therein is transmitted on marriage, death, bankruptcy, or otherwise to a person not qualified to own a British ship, then—if the ship is registered in England or Ireland, the High Court ; or if in Scotland, the Court of Session ; or if in any British possession, the court having the principal civil jurisdic tion in that possession ; or if in a port of registry established by order in council the British court having the principal civil jurisdiction there—may on application by or on behalf of the unqualified person order a sale of the property so transmitted, and direct that the proceeds of the sale, after deducting the expenses thereof, be paid to the person entitled under such transmission or otherwise as the Court direct. The Court may require any evidence in support of the application they think requisite, and may make the order on any terms, or may refuse to make the order, and generally act as the justice of the case requires. Every such application for sale must be made within four weeks after the occurrence of the event on which the trans mission has taken place, or within such further time (not exceeding one year from the date of the occurrence) as the Court allow. If such application is not made within that time, or if the Court refuse an order for sale, the ship or share transmitted is subject to forfeiture. Where any court orders the sale of any ship or sale therein, the order of the Court must contain a declaration vesting in some named person the right to transfer that ship or share, and that person is thereupon entitled to transfer the ship or share as if he were the registered owner thereof, and he is treated as such by the registrar. Each of the courts lastly above mentioned may (without prejudice to any other power of the Court), on the application of any interested person, make an order prohibiting for a time specified any dealing with a ship or any share therein, on any terms they think just, or may refuse to make the order, or may discharge the order when made, and generally act in the ease as the justice of the case requires ; and every registrar on being served with the order, or an official copy, must obey the same.