Ships, &c. A.D. 1924. and do such act or thing in the name and on behalf of the incapable person; and all acts or things done by the substitute shall be as effectual as if done by the person for whom he is substituted. Provision trusts. (M.S. Act, (2) The Trustee Act, 1850, and the Acts amending 5 the same, shall so far as regards the court exercising jurisdiction in lunacy in Northern Ireland, apply to shares in ships registered under this Act as if they were stock as defined by that Act. 81. No notice of any trust, express, implied or 10 with respect constructive, shall be entered in the register book or be to notice of receivable by the registrar, and, subject to any rights and powers appearing by the register book to be vested in any other person, the registered owner of a ship, or of a share therein, shall have power absolutely to dispose 15 in manner provided by this Act of the ship or share, and to give effectual receipts for any money paid or advanced by way of consideration. 1894, s. 56.) Provision 82. The expression "beneficial interest," when used with respect in this Act, includes interests arising under contract 20 and other equitable interests; and the intention of this to non exclusion of equities. Act is that, without prejudice either (M.S. Act, 1894, s. 57.) Liability of owners. (M.S. Act, 1894, s. 58.) (a) to the provisions of this Act for preventing notice of trusts from being entered in the register book or received by the registrar; or 25 (b) to the powers of disposition and of giving receipts conferred by this Act on registered owners and mortgagees; or (c) to the provisions of this Act relating to the interests arising under contract or other equitable 83. Where any person is beneficially interested, Ships, &c. force on the owners of ships or shares therein, so never- A.D. 1924. theless that proceedings may be taken for the enforcement of any such penalties against both or either of the aforesaid parties, with or without joining the other 5 of them. 84. When under this Act any person is required to Power for make a declaration on behalf of himself or of any cor- registrar to poration, or any evidence is required to be produced to dispense the registrar, and it is shown to the satisfaction of the rations and 10 registrar that from any reasonable cause that person other with decla is unable to make the declaration, or that the evidence evidence. cannot be produced, the registrar may, with the approval (M.S. Act, of the Commissioners of Customs and Excise and on the 1894, s. 60.) production of such other evidence and subject to such 15 terms as they may think fit, dispense with the declaration or evidence. 85. (1) Declarations required by this Act shall Mode of be made before a registrar of British ships, or a justice making of the peace, or a commissioner for oaths, or a British declara20 consular officer. 25 tions. (M.S. Act, (2) Declarations required by this Act may be made 1894, s. 61.) on behalf of a corporation by the secretary or any other officer of the corporation authorised by them for the purpose. transmis 86. Such fees shall be paid in respect of the regis- Fees for tration, transfer (including transmission), and mortgage registration, of British ships as the Board of Trade with the consent sion, &c., of the Treasury determine, not exceeding those specified of ships. in the Fourth Schedule to this Act, and all such fees 30 shall be paid into the Exchequer : Provided that fees shall not be payable under this section in respect of vessels not exceeding ten tons gross register employed solely in fishing. (M.M.F. Act, 1898, s. 3. F.I. Act, 1923, s. 1. 87. The amount of the fees to be charged under Limitation 35 this Act shall be so fixed that the amount estimated by on fees. the Board of Trade to be produced thereby in any year (F.I. Act, shall not exceed one-half of the amount certified by the 1923, s. 3., Board of Trade to be the aggregate estimated cost in that year of the administration of the services in respect 40 of which the fees are payable. A.D. 1924. Payment of certain fees, Ships, &c. 88. There shall be accounted for, and, at such time &c., into the and in such manner as the Board of Trade direct, paid Exchequer. to the Exchequer Returns by registrars. (M.S. Act, (a) all fees, charges, and expenses payable in respect (b) all fees payable in respect of the registration, 89. All fees authorised to be taken under this Act 10 shall, except where otherwise in this Act provided— (a) if taken in any part of the United Kingdom, be applied in payment of the general expenses of carrying into effect this Act, or otherwise as the Treasury may direct; (b) if taken in a British possession, be disposed of in such way as the Executive Government of the possession direct; 15 (c) if taken at any port of registry established by Order in Council, be disposed of as His Majesty 20 in Council directs. 90. (1) Every registrar in the United Kingdom shall at the expiration of every month, and every other registrar at such times as may be fixed by the 1894, s. 63.) Registrar-General of Shipping and Seamen, transmit to 25 him a full return, in such form as the said RegistrarGeneral may direct (a) of all registries, transfers, transmissions, mortgages, and other dealings with ships which have been registered by him or communicated to him 30 in his character of registrar; and (b) of the names of the persons concerned in the same; and (c) of such other particulars as may be directed by the said Registrar-General. (2) Every registrar at a port in the United Kingdom shall, on or before the first day of February and the first day of August in every year, transmit to the RegistrarGeneral of Shipping and Seamen 35 (a) a list of all ships registered at that port; and 40 Ships, &c. (b) a list of all ships whose registers have been A.D. 1924. transferred or cancelled at that port since the last preceding return. 91. (1) A person on payment of a fee not exceeding Evidence of 5 two shillings to be fixed by the Commissioners of Customs register and Excise may, on application to the registrar at a book, certireasonable time during the hours of his official attendance inspect any register book. ficate of registry, and other (M.S. Act, 1894, s. 64. F.I. Act, 1923, s. 1 (2) The following documents shall be admissible in documents. 10 evidence in manner provided by this Act :— (a) any register book under this Act on its production from the custody of the registrar or other person having the lawful custody thereof: (b) a certificate of registry under this Act purporting Pt. I.) to be signed by the registrar or other proper officer; 15 20 (c) an endorsement on a certificate of registry (d) every declaration made in pursuance of this Act (3) A copy or transcript of the register of British ships kept by the Registrar-General of Shipping and Seamen under the direction of the Board of Trade shall 25 be admissible in evidence in manner provided by this Act, and have the same effect as the original register of which it is a copy or transcript. (1), Sch. I. 92. (1) The instruments and documents specified Forms of in Parts I. and II. of the Fifth Schedule to this Act shall documents, 30 be in the forms prescribed by the Commissioners of and instruc tions as to registry. (M.S. Act, Customs and Excise with the consent of the Board of Trade, or as near thereto as circumstances permit; and the Commissioners aforesaid may, with the consent of the 1894, s. 65, Board of Trade, make such alterations in the forms so amended.) 35 prescribed, and also in any other forms prescribed by them under this Act, as they deem desirable. (2) A registrar shall not be required, without the special direction of the Commissioners of Customs and Excise, to receive and enter in the register book any bill 40 of sale, mortgage or other instrument for the disposal or transfer of any ship or share, or any interest therein, Ships, &c. A.D. 1924. which is made in any form other than that for the time being required under this Act, or which contains any particulars other than those contained in such form; but the Commissioners of Customs and Excise shall, before altering the forms, give such public notice thereof 5 as may be necessary in order to prevent inconvenience, so, however, that no alteration shall be invalid by reason of any failure to give such notice. Forgery of (3) The Commissioners of Customs and Excise shall cause the said forms to be supplied to all registrars 10 under this Act for distribution to persons requiring to use the same, either free of charge or at such moderate prices as they may direct. (4) The Commissioners of Customs and Excise, with the consent of the Board of Trade, may also for carrying 15 into effect this Act give such instructions as they think fit to their officers (a) as to the manner of making entries in the register book; (b) as to the execution and attestation of powers of 20 attorney; (c) as to any evidence required for identifying any person; (d) as to the referring to themselves of any question involving doubt or difficulty; and (e) generally as to any act or thing to be done in pursuance of this Act. 25 93. If any person forges or fraudulently alters any documents. of the documents under this Act specified in Part II. of the Fifth Schedule thereto, or any entry or endorsement 30 required by this Act to be made in or on any of those documents, that person shall be guilty of felony. (M.S. Act, 1894, s. 66.) False declarations. (M.S. Act, 1894, s. 67, amended.) 94. (1) If any person in the case of any declaration made in the presence of or produced to a registrar under this Act, or in any document or other evidence produced 35 to such registrar (a) knowingly makes any false statement concerning the title to or ownership of, or the interest existing in, any ship or share in a ship; or |