Ships, &c.

(b) The power shall be exercised in conformity A.D. 1924. with the directions contained in the certificate;

M.S. Act,

(c) A sale made in good faith thereunder to a 1906, s. 52
purchaser for valuable consideration shall not (2).)
be impeached by reason of the person by
whom the power was given dying before the
making of such sale;

(d) Whenever the certificate contains a specification
of the place at which, and a limit of time
within which, the power is to be exercised, a
sale made in good faith to a purchaser for
valuable consideration without notice shall not
be impeached by reason of the bankruptcy of
the person by whom the power was given;
(e) A transfer made to a person qualified to be
the owner of a British ship shall be by a bill
of sale in accordance with this Act;

(f) If the ship is sold to a person qualified to be
the owner of a British ship the ship shall be
registered anew; but notice of all mortgages
enumerated on the certificate of sale shall be
entered in the register book;

(g) Before registry anew there shall be produced to
the registrar required to make the same the bill
of sale by which the ship is transferred, the
certificate of sale, and the certificate of registry
of such ship;

(h) The last-mentioned registrar shall retain the
certificates of sale and registry, and after
having endorsed on both of those instruments
an entry of the fact of a sale having taken
place shall forward them to the registrar of the
port appearing thereon to be the former port of
registry of the ship, and the last-mentioned
registrar shall thereupon make a memorandum
of the sale in his register book, and the registry
of the ship in that book shall be considered
as closed, except so far as relates to any
unsatisfied mortgages or existing certificates of
mortgage entered therein;

(i) On such registry anew the description of the
ship contained in her original certificate of

A.D. 1924.

Ships, &c.

registry may be transferred to the new register book, without her being re-surveyed, and the declaration to be made by the purchaser shall be the same as would be required to be made by an ordinary transferee;

5

(j) If the ship is sold to a person not qualified to
be the owner of a British ship, the bill of sale
by which the ship is transferred, the certificate
of sale, and the certificate of registry shall be
produced to a registrar or British consular 10
officer, and that registrar or officer shall retain
the certificates of sale and registry, and having
endorsed thereon the fact of that ship having
been sold to a person not qualified to be the
owner of a British ship shall forward the 15
certificates to the registrar of the port appearing
on the certificate of registry to be the port of
registry of that ship; and that registrar shall
thereupon make a memorandum of the sale
in his register book, and the registry of the 20
ship in that book shall be considered as closed,
except so far as relates to any unsatisfied
mortgages or existing certificates of mortgage
entered therein;

(k) If on a sale being made to a person not qualified 25
to be the owner of a British ship default is made
in the production of any such certificate as is
mentioned in the last foregoing rule, that
person shall be considered by British law as
having acquired no title to or interest in the 30
ship; and the person upon whose application
the certificate of sale was granted, and the
person exercising the power, shall each be
liable to a fine not exceeding one hundred
pounds;

35

(7) If no sale is made in conformity with the certificate of sale, that certificate shall be delivered to the registrar by whom the same was granted, and he shall thereupon cancel it and enter the fact of the cancellation in the register book, 40 and every certificate so cancelled shall be void. (2) Where the registry of a ship is considered as closed under paragraph (j) of the foregoing subsection of this section, on account of a transfer to persons not

Ships, &c.

qualified to be owners of British ships, the provisions A.D. 1924. of subsection (4) of section twenty-one of this Act, which relates to the delivery up of the certificate of a ship lost or ceasing to be British owned, shall apply to the enforce5 ment of any unsatisfied registered mortgages (including mortgages made under a certificate of mortgage).

57. On proof at any time to the satisfaction of the Powers of Commissioners of Customs and Excise that a certificate Commisof mortgage or sale is lost or destroyed, or so obliterated sioners and of registrar 10 or otherwise injured as to be useless, and that the powers in case of thereby given have never been exercised, or, if they have loss of been exercised, on proof of the several matters and things certificate that have been done thereunder, the registrar may, with of mortgage the sanction of the Commissioners, as circumstances or sale. 15 require, either issue a new certificate, or direct such (M.S. Act, entries to be made in the register books, or such other 1894, s. 45, amended.) things to be done, as might have been made or done if the loss, destruction, obliteration or other injury, as the case may be, had not taken place.

20

or sale.

58. (1) The registered owner of any ship or share Revocation therein in respect of which a certificate of mortgage or of certificate sale has been granted, specifying the places where the of mortgage power thereby given is to be exercised, may by an instrument under his hand authorise the registrar by whom 25 the certificate was granted to give notice to the registrar or British consular officer at every such place that the certificate is revoked.

(2) Notice shall thereupon be given accordingly and shall be recorded by the registrar or British con30 sular officer receiving it, and after it is recorded the certificate shall be deemed to be revoked and of no effect so far as respects any mortgage or sale to be thereafter made at that place.

(3) The notice after it has been recorded shall be 35 exhibited to every person applying for the purpose of effecting or obtaining a mortgage or transfer under the certificate.

(4) A registrar or British consular officer on recording any such notice shall state to the registrar by whom the 40 certificate was granted whether any previous exercise of the power to which such certificate refers has taken place.

(M.S. Act, 1894, s. 46.)

Ships, &c.

A.D. 1924.

Rules for

register

PART III.

MEASUREMENT AND TONNAGE.

59.-(1) The tonnage of every ship to be registered, ascertaining with the exceptions hereinafter mentioned, shall previously to her being registered be ascertained by Rule I. 5 in the First Schedule to this Act, and the tonnage of every ship to which that rule can be applied, whether she is about to be registered or not, shall be ascertained by the same rule.

tonnage.
(M.S. Act,

1894, s. 77.

F.I. Act, 1923, Sch. 1, Pt. 1, amended.)

(2) Ships which, requiring to be measured for any 10 purpose other than registry, have cargo on board, and ships which, requiring to be measured for the purpose of registry, cannot be measured by Rule I., shall be measured by Rule II., in the First Schedule to this Act, and the owner of any ship measured under Rule II. may 15 at any subsequent period apply to the Board of Trade to have the ship re-measured under Rule I., and the Board may thereupon, upon payment of such fee as they may authorise, not exceeding that specified in the Second Schedule to this Act, direct the ship to be re-measured 20 accordingly, and the number denoting the register tonnage shall be altered accordingly.

(3) For the purpose of ascertaining the register tonnage of a ship the allowance and deductions hereinafter mentioned shall be made from the tonnage of the 25 ship ascertained as aforesaid.

(4) In the measurement of a ship for the purpose of ascertaining her register tonnage no deduction shall be allowed in respect of any space which has not been first included in the measurement of her tonnage.

(5) In ascertaining the tonnage of open ships Rule IV. in the First Schedule to this Act shall be observed.

(6) Throughout the rules in the First Schedule to this Act the tonnage deck shall be taken to be

30

(a) in ships which have less than three decks, the 35 upper deck;

(b) in all other ships, the second deck from below; and in carrying those rules into effect all measurements shall be taken in feet, and fractions of feet shall be expressed in decimals.

40

Ships, &c.

(7) The Board of Trade may make such modifications A.D. 1924. and alterations, including additions, as from time to time become in their opinion desirable in the rules in the First Schedule to this Act for the purpose of the more 5 accurate and uniform application thereof, and the effectual carrying out of the principle of measurement therein adopted.

(8) The provisions of this Act relating to tonnage, together with the rules for the time being in force, are 10 in this Act referred to as the tonnage regulations.

room space in steam

ships.

60. (1) In the case of any ship propelled by steam Allowance or other power requiring engine room, an allowance shall for enginebe made for the space occupied by the propelling power, and the amount so allowed shall be deducted from the 15 gross tonnage of the ship ascertained as in the last foregoing section (relating to rules for ascertaining the 1894, s. 78. register tonnage) mentioned, and the remainder shall (subject to any deductions herein-after mentioned) be 1907, s. 1 deemed to be the register tonnage of the ship, and that 20 deduction shall be estimated as follows:

25

30

35

40

(a) As regards ships propelled by paddle wheels in
which the tonnage of the space solely occupied
by and necessary for the proper working of the
boilers and machinery is above twenty per cent.
and under thirty per cent. of the gross tonnage
of the ship, the deduction shall be thirty-seven
one-hundredths of the gross tonnage; and in
ships propelled by screws, in which the tonnage
of such space is above thirteen per cent., and
under twenty per cent. of the gross tonnage, the
deduction shall be thirty-two one-hundredths of
the gross tonnage;

(b) As regards all other ships, the deduction shall,
if the Board of Trade and the owner both agree
thereto, be estimated in the same manner; but
either they or he may in their or his discretion
require the space to be measured and the
deduction estimated accordingly; and whenever
the measurement is so required, the deduction
shall consist of the tonnage of the space actually
occupied by or required to be enclosed for the
proper working of the boilers and machinery,
with the addition in the case of ships propelled
by paddle wheels of one half, and in the case of

(M.S. Act,

M.S. Act,

(except

par. b) and

8. 2.)