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S. 97.

S. 99.

System of
Registry.
S. 19.

Ships which are subject to the new law.

S. 19.

Particulars required by S. 25.

S. 34.

Certificate of
Registry.

S. 44.

he will, if the parties insist on signing the document, communicate his suspicions to the Commissioners of Customs in London.

If in any case a declaration cannot be made in the form and with the particulars required, the Consul will annex to it and sign a memorandum of the variation and of the reasons for it.

The Consul will note, that in certain cases of inability, referred to in the 99th section of the Act, certain persons are allowed to make declarations on behalf of the parties principally interested.

Registry and Certificates of Registry.

6. For the purpose of ascertaining British ownership, and determining the right to use the British flag, as well as for other purposes, the system of Ship Registry is continued, though in a modified form. With the actual registering of Ships, except in the points referred to below, the Consul will have little to do but his special attention is called to the means which the system of Registry affords of distinguishing and identifying a British Ship; and his attention is also called to the rule, that with the exceptions mentioned in paragraphs 2 and 3, of S. 19., no ship is entitled to the privileges of a British Ship unless duly registered.

7. Ships registered before the 1st May, 1854, are not required by the Act to be registered anew, but every registration of a ship which takes place after that day, whether the ship has been previously registered under the old law or not, is subject to the new law.

8. The new law requires the following particulars before registry:

(a). The number denoting the Register tonnage, and also the official number of the Certificate of Registry, explained below (paragraph 10), must be deeply carved or otherwise permanently marked on the main beam.

(b). The name of the ship, and of the Port of Registry, are to be painted on a conspicuous part of her stern, on a dark ground, in white or yellow letters, not less than four inches in length. These names must not be concealed or obliterated, except for the purpose of escaping capture by an enemy; and the ship must not be described, by or with the knowledge of the owner or master, by any other name.

9. Every British ship will, when registered, receive a Cer

tificate of Registry in the form marked D. in the Schedule to the Act, which will contain,-

(a). The name of the ship and Port of Registry:

(b). The name of the master, and the number of his Certificate of Competency or Service (if any):

(c). Various details concerning her tonnage, build, and description, set forth in the Certificate of Survey by the Measuring Officer, which will be in the form marked A. in the Schedule to the Act:

(d). Details concerning the origin and build of the ship: (e). The names and description of the owners, and the proportions in which they are interested.

Certificates

10. Certificates of Registry will be numbered in one per- Numbers of petual and consecutive series for all ships in the British of Registry. Empire, and each number when once given and placed on the Certificate will remain without change as long as the ship is in existence, and continues to be a British ship. This official number will, it is expected and intended, constantly be used to designate the ship, without any further name or description. The Consul will, however, in mentioning a ship in official letters and documents, always specify the name and port of registry, as well as the official number. Every existing Certificate of Registry will be stamped with this number as soon as there is an opportunity of so doing.

and purpose

11. It cannot be too strongly impressed upon the Consul Character that a Certificate of Registry is not, under the new Act, any of Certificate of Registry. evidence of title; and that although provision is made for having the names of the owners indorsed upon the Certificate whenever it is possible to do so, yet it will very frequently happen that sales may have taken place, either at home or abroad, which cannot be indorsed upon the Certificate, and also that no mortgages whatever will ever be officially indorsed upon it. Persons who wish to purchase or advance money on ships, must look for their title, not to the Certificate of Registry, but either to the Book of Registry, which is kept at the Port of Registry, or to the Certificates of Sale and Mortgage hereinafter mentioned.

The object of the Certificate of Registry is to show the national s. 50. character of the ship, and it is only to be used for the lawful navigation of the ship. It must, therefore, always remain with the ship so long as she remains a British ship, and must have the name of the master for the time being written or indorsed upon it.

G

Duty of Consul with re

on change of
master.
S. 46.

The Consul will have certain special duties connected with this document, which are as follows:

12. Whenever the Master of a British ship is changed at a spect to the Foreign port, it will be the Consul's duty to require the CerCertificate tificate to be produced to him, to indorse upon it and sign a memorandum of the change, adding the number of the new Master's Certificate of Competency or Service (if any), and to report the change, on the first opportunity, to the Commissioners of Customs in London. If, however, the change is made in consequence of the sentence of a Naval Court (see paragraph 114), it will be the duty of the President of the Court to take these steps.

In case of loss, destruction, or

transfer to foreigner. S. 53.

In cases
where the
Certificate is
improperly
used.
S. 52.

13. Whenever any ship is lost or abandoned, taken by the enemy, burnt or broken up, or is transferred to a person not qualified to own a British ship, or from any other reason ceases to be a British ship, notice is to be given as soon as possible to the Registrar; and the Certificate of Registry, unless lost or destroyed, is to be returned to him. For this purpose it will be the Consul's duty, whenever any such event takes place within his consulate, or whenever the master of any ship in respect of which any such event has happened arrives within his consulate, to demand from him the Certificate of Registry, and to forward it, with a statement of the circumstances under which he has obtained it, to the Registrar of the port of registry of the ship. As the Certificate of Registry is a document proving nationality, it is most important that this provision should be strictly observed, in order to prevent the Certificate from being improperly used; and if the Consul should find any difficulty in enforcing it, he will not fail to point out to the offending parties that they are liable to a penalty of 100%., and to report the case to the Commissioners of Customs in London.

14. If a Certificate of Registry is used for any ship other than that for which it was granted, the persons so using it are guilty of a misdemeanor, and the ship is liable to seizure and condemnation. If the Consul should become aware of any offence of this description, or any attempt to commit it, he will not fail to warn the parties of their liabilities, and also to inform the Commissioners of Customs in London; but he will not exercise the power of seizing the ship given him by the 52nd section of the Act, unless he has reason to believe that the offence is wilful and fraudulent, and that it is intended thereby to obtain means of committing piracy or of

63.

C.4 sec paragraph 17 Drawing of the Ensign or Color to be

worn on board all Butish Merchant Shipps

[graphic]
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