(d). Wilfully making a false declaration concerning the s. 103. qualification for ownership. In order to enforce forfeitures in the above cases, Consuls and other public officers are enabled to seize and detain ships, and take them for adjudication before Courts of Admiralty, and they are exempted from any responsibility s. 104. on account of the detention if reasonable grounds exist for the same. The Consul will, however, act in this case as in the case of a Certificate of Registry improperly used (see paragraph 14), and will not seize the ship unless he has reason to believe that the offence is wilful and fraudulent, or that it is intended thereby to obtain means of committing piracy, or of avoiding lawful capture by the cruisers of Her Majesty or of Her Allies in time of war, or of defrauding the revenue, or of doing any other act manifestly contrary to public policy. He will, however, in every case warn the s. 103. parties of their liabilities, and will point out that in addition to the forfeiture, any person guilty of the offences secondly and fourthly above specified, is liable to be prosecuted for a misdemeanor, and he will also report every such offence to the Commissioners of Customs in London. ers not regis have the lia nefits of 20. A ship is not entitled to the privileges of a British British ownship unless duly registered, as above mentioned (paragraph 6); tering, to but in order to prevent British ship owners from attempting bilities but to evade British law by not registering their ships, it is pro- not the bevided that so far as regards payment of dues, liabilities to British law. payments and penalties, and the punishment of persons for s. 106. offences committed on board such ships by persons belonging to them, ships belonging to persons qualified to own British ships are to be considered British ships, although not registered. S. 19. ternational 21. In dealing with cases arising under the above-men- Rule of Intioned enactments, Consuls will remember that according to law. well established principles of International law, the owner of any ship using a national flag, and assuming a national character, cannot, upon any trial or judicial proceeding, be allowed to urge to his own advantage, or in his own defence, that the flag and character so assumed are not the flag and character which properly belong to the ship. Purchases, Mortgages, and Sales at Foreign Ports. 22. Persons qualified to own British ships may purchase Purchase of ships by BriForeign ships at a Foreign port. In such cases the ship tish owners port, and grant of a Provisional Certificate by Consul. S. 54. at a Foreign cannot be completely registered until she arrives at some port in the British dominions where there is a British Registrar: but in order to prevent the inconveniences and dangers which would arise from the ship making her homeward voyage without papers showing the national character, the Consul is enabled to grant a provisional Certificate, to Form (C. 2) remain in force until the expiration of six months, or until in Appenthe arrival of the ship at some port having a British Registrar, whichever first happens. In granting this Certificate he will attend to the following particulars : dix. He will require from the purchaser, or from the agent of the purchaser, a declaration containing a statement of the qualification of the purchaser, similar to those contained in Forms B. or C. (as the case may be) in the Schedule to the Act, and containing also such of the other particulars contained in those forms as can be obtained without requiring a new survey or measurement; and this declaration should, so far as possible, be in the same form, and be made with the same formalities and precautions, as declarations given for the purpose of the final registry of the ship, except that it must be marked "Provisional." He will then prepare a Certificate of Registry, adhering as nearly as possible to the Form D. in the Schedule to the Act, except that at the top must be written in large and conspicuous characters the word "Provisional," and that at the foot, or in some conspicuous place, must be added the words "This Provisional Certificate of Registry continues in force 'only until the [insert the day 66 66 day of completes her voyage from "of the expiration of six months from the date], or until she [insert the port at "which the Certificate is given] to some port at which there is "a British Registrar, whichever first happens." The provisional Certificate must be signed by the Consul instead of by the Registrar, and must be sealed with his Official seal. No official number is to be inserted. A form of Provisional Certificate of Registry, filled up according to the circumstances of the case, as assumed, is given in the Appendix. (Form C. 2.) He will keep a duplicate of the Certificate, and send it with the Declaration to the Commissioners of Customs in London, on the first convenient opportunity, and in so doing he will endorse on the Certificate a statement of the British port to which the ship is bound. He will warn the master and the purchaser or his agent, that the Provisional Certificate is only in force until the ship reaches the first British port at which there is a Registrar, or at the expiration of six months, whichever first happens, and that she must then be surveyed, measured, and completely registered. and sales of 23. All Transfers of ships will henceforth be made, not by Mortgages indorsement on the Certificate of Registry, which, as men- ships in Fotioned above (paragraph 11), is no longer a document of reign ports. title, but by entry in the register books. As, however, there are numerous cases in which an owner may desire to sell or mortgage his ship when away from the port of registry, the following plan is adopted : of sale and S. 76, 77, 78, 79. 24. The owner will obtain from the Registrar at the port Certificates of registry a Certificate containing a power to sell or mort- mortgage. gage the ship. This document will be in the form M. or N. in the Schedule to the Act (as the case may be); it will contain the names and descriptions of the persons by whom, and the limits of time within which it is to be exercised, and the place or places (if it is intended to fix the place) at which it is to be exercised, and also in cases of mortgage the maximum amount of charge to be created, if it is intended to fix a maximum, and in cases of sale the minimum amount of purchase money, if it is intended to fix a minimum. These particulars will, when the Certificate is given, be entered in the Register Book, so that persons at home purchasing or advancing money on the ship will have full notice of all sales or incumbrances made under the Certificate whilst the ship is abroad. Mortgages and sales duly made in exercise of the powers thus given will have just the same effect as if they had been made in the Register Book, viz., they will give a good title, except against persons of whose prior claims the purchaser or mortgagee has actual notice. Mortgages and Sales made under common Powers of Attorney are not absolutely prohibited, but they will have no validity against sales or mortgages made under Certificates abroad, or by entry in the Registry Book at the Port of Registry, and those who take under them will therefore do so at their own risk. 25. The duty of the Consul in respect of mortgages to be Duty of Conmade under these Certificates will be as follows: sul in respect of Mortgage made under be Certificate. (a). In case of Certificates of Mortgage, which may exercised in favour of Foreigners as well as of British sub- S. 80. jects, he will see that the document presented to him is in S. 80, 73. the form and contains the particulars required by the Act, and that it is signed by the Registrar of the port of registry: (b). He will see that the proposed mortgage is in accordance with the terms of the Certificate, and that the person or persons exercising the power are the person or persons named for that purpose in the Certificate, and he will warn the mortgagee, that if this is not so, his security will not be good : (c). He will record upon the Certificate the particulars of the Mortgage, in the form given in the note to the form M. in the Schedule, or as near thereto as may be, taking care in no case to state unnecessary particulars, or to incumber the Certificate with anything but the bare terms of the mortgage; and he will sign the record and affix his Consular seal : (d). He will be careful to make this record as soon as the Certificate is produced to him for the purpose, and to insert the day and hour on which it is done. (e). If two or more mortgages are produced to him for indorsement, he will record them in the order in which they are produced, whatever may be their respective dates. Transfer of 26. If a mortgage made under a Certificate of Mortgage is Mortgage made under transferred, and the instrument of transfer is produced to him, Certificate. he will record upon the Certificate of Mortgage the fact of the transfer and the name of the transferee, and the date and hour of its being recorded, and will also make a memorandum on the instrument of transfer to the effect that it has been so recorded, stating the date and hour of such record. S. 80. Discharge of 27. Whenever a Mortgage made under a Certificate of Mortgage made under Mortgage is discharged, and the mortgage deed, with a a Certificate. receipt for the mortgage money indorsed thereon, signed by the mortgagee, or by some duly authorised agent of the mortgagee, and attested, is produced to the Consul, whether such Consul be the person in whose presence the mortgage has been made or not, he will make an entry upon the CertiForm (C. 3.) ficate of Mortgage, to the effect that the mortgage is disin Appen dix. charged, and will sign such entry and affix his Consular seal. This entry should be in the form (C. 3) in the Appendix, or as near to it as circumstances permit. The effect of this entry will be to place the title of the ship in the same condition as if the mortgage had not been made. The Consul will warn the parties to this effect, and that no re-conveyance or other legal document is necessary. 28. The Consul will warn the parties to any dealings upon Certificate of a Certificate of mortgage, that it will be necessary to re-be re-deliMortgage to deliver it to the Registrar of the Port of Registry of the ship vered to Reas soon as it can conveniently be done. gistrar. S. 80. only Duty of Con sul in re spect of Cer Sale. 29. In cases of Certificates of Sale, the Consul will have to deal with transfers to foreigners, as the Act does not require him to take any part in transfers made at a foreign tificates of port under these Certificates to British subjects. In cases ofs. 81. such last-mentioned transfers, the ship must be registered anew; and for this purpose the Certificate of Sale, accompanied by the Bill of Sale, and the proper declarations, must be transmitted to the Registrar at the port of registry. In cases of sale to foreigners the Consul will see that the Certificate of Sale is in the form and contains the particulars required by the Act, and that it is signed by the Registrar at the port of registry. He will see that the proposed sale is in accordance with the terms of the Certificate, and that the person or persons exercising the power is or are the person or persons named in the Certificate; and he will warn the purchaser that unless this is so, his title will not be good. He will require to be produced to him the Bill of Sale by which the ship is transferred, the Certificate of Sale, and the Certificate of Registry, and will retain the Certificates of Sale and Registry; he will then indorse on both such Certificates the fact of the sale, stating shortly the name and description of the transferee, the amount of the purchase money, and the date of the transfer. He will then forward these Certificates by the first opportunity to the Registrar of the port at which the ship was registered. He will warn the parties that unless the Certificates of Sale and Registry are produced to him, as above mentioned, the sale will be invalid, and the purchaser will acquire no title. of Certificates of Sale and Mortgage. 30. In order to enable persons who have granted Certifi- Revocation cates of Sale and Mortgage to revoke them, provision is made to enable the registered owner of any ship for which a Certificate of Sale or Mortgage has been granted, to require S. 83. the Registrar by whom the same was granted to give notice to the Consul at the place where the power given by the Certificate is to be exercised that the Certificate is revoked. In such cases the Registrar will give such notice by a document in the Form O. in the Schedule to the Act, signed by him and addressed to the Consul. The Consul on receiving such H |