Penalties for false assumption or

keeping them in his custody, or putting some mark upon them. In every case of offence, the Consul will report the facts to the Secretary of State for Foreign Affairs, in order that the Admiralty may consider whether any further steps should be taken. In so doing, he will state the official number, name, tonnage, port of registry, and destination of the ship, the name of the master, the nature of the pendant or colours improperly carried, the names, addresses, and destinations of any persons who have been witnesses of the offence, and the steps taken by the Consul and the result, with any statement or explanation given by the master.

Simulation or Concealment of National Character.

19. It is, as already noticed, of the utmost importance that the single remaining condition requisite to give to a ship the concealment character and privileges of a British ship should be strictly

of national character.

S. 103.

S. 62, 63, 64.

performed, and it is also very important that the national character of a ship should neither be falsely assumed nor unduly concealed; so that on the one hand Her Majesty's Government may not be involved in any difficulties from claims to protection on the part of persons not entitled to use the British Flag, and so that on the other British ships may not, by concealing their national character, attempt to avoid obligations under which they are placed by British law. With the view of preventing these evils, the following offences are made punishable by forfeiture; that is to say:

:

(a). Using the British flag and assuming the British character on board any ship owned or partly owned by persons not duly qualified for the purpose of making the ship appear to be a British ship, unless the assumption is made either for the purpose of escaping capture by an enemy, or by a foreign ship of war in exercise of some belligerent right:

(b). Carrying or permitting to be carried on board a British ship any papers or documents, or doing or permitting anything to be done with respect to such ship, with intention to assume a foreign character, or to conceal the British character of the ship from any person entitled by law to inquire into the same:

(c). The acquisition as an owner by an unqualified person of any interest in a ship assuming to be a British ship, except in certain cases of descent and transmission, for which special provision is made in the Act:

(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.

British owntering, to

ers not regis

have the liabilities but

nefits of

20. A ship is not entitled to the privileges of a British ship unless duly registered, as above mentioned (paragraph 6); but in order to prevent British ship owners from attempting 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 Foreign ships at a Foreign port. In such cases the ship tish owners

ships by Bri

port, and

grant of a Provisional Certificate

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 by Consul. 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 the 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 :

in Appen

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 day of [insert the day "of the expiration of six months from the date], or until she "completes her voyage from [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,

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. 79. 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 made under these Certificates will be as follows:

Duty of Consul in respect of Mortgage made under Certificate.

(a). In case of Certificates of Mortgage, which may be 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.