Mercantile Marine Act, 1955

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MERCANTILE MARINE ACT, 1955.

ARRANGEMENT OF SECTIONS

Part I

.

PRELIMINARY AND GENERAL.

Section

Section 1

Short title.

Section 2

Interpretation.

Section 3

Non-application of this Act.

Section 4

Power to Minister to prescribe fees.

Section 5

Collection and disposal of fees.

Section 6

Laying of orders, rules and regulations before Houses of the Oireachtas.

Section 7

Expenses.

Section 8

Repeals.

Part II

.

IRISH SHIPS, NATIONAL COLOURS AND CHARACTER.

Section 9

Irish ships.

Section 10

National colours for Irish ships.

Section 11

Prohibition on hoisting colours other than national colours.

Section 12

Obligation to hoist national colours.

Section 13

Penalty for unduly assuming Irish character.

Section 14

Penalty for concealment of Irish or assumption of foreign character.

Section 15

National character of ship to be declared before clearance.

Section 16

Persons qualified to own registered ships.

Section 17

Registry of State-owned ships.

Section 18

Obligation to register ships owned by Irish citizens and Irish bodies corporate.

Section 19

Reciprocating states.

Section 20

Prohibition of registry and saver for certain ships.

Section 21

Registry under the law of another country.

Section 22

Penalty for unqualified person acquiring ownership of Irish ship.

Section 23

Registrars.

Section 24

Register book.

Section 25

Survey and measurement of ship.

Section 26

Marking of ship.

Section 27

Application for registry.

Section 28

Declaration of ownership on registry.

Section 29

Evidence on first registry.

Section 30

Entry of particulars in register book.

Section 31

Documents to be retained by registrar.

Section 32

Ports of registry.

Section 33

Certificate of registry.

Section 34

Custody of certificate.

Section 35

Penalty for use of improper certificate.

Section 36

Power to grant new certificate.

Section 37

Provision for loss of certificate.

Section 38

Endorsement of change of master on certificate.

Section 39

Endorsement of change of ownership on certificate.

Section 40

Delivery up of certificate of ship lost or ceasing to be owned by qualified persons.

Section 41

Temporary certificate for ships becoming owned by qualified persons abroad.

Section 42

Temporary passes in lieu of certificates of registry.

Section 43

Transfer of ship or share.

Section 44

Declaration of transfer.

Section 45

Registry of transfer.

Section 46

Transmission of property in ship on death, bankruptcy, etc.

Section 47

Order for sale on transmission to unqualified person.

Section 48

Transfer of ship on sale by order of court.

Section 49

Power of court to prohibit transfer.

Section 50

Mortgage of ship or share.

Section 51

Entry of discharge of mortgage.

Section 52

Priority of mortgages.

Section 53

Mortgagee not treated as owner.

Section 54

Mortgagee to have power of sale.

Section 55

Mortgage not affected by bankruptcy.

Section 56

Transfer of mortgages.

Section 57

Transmission of interest in mortgage on death, bankruptcy, etc.

Section 58

Powers of mortgage and sale may be conferred by certificate.

Section 59

Requisites for certificates of mortgage and sale.

Section 60

Restrictions on certificates of mortgage and sale.

Section 61

Contents of certificates of mortgage and sale.

Section 62

Restriction on transfer or mortgage.

Section 63

Rules as to certificates of mortgage.

Section 64

Rules as to certificates of sale.

Section 65

Power of Revenue Commissioners in case of loss of certificate of mortgage or sale.

Section 66

Revocation of certificates of mortgage and sale.

Section 67

Rules as to name of ship.

Section 68

Power to refuse registry under particular name.

Section 69

Registry of alterations.

Section 70

Regulations for registry of alteration.

Section 71

Power to inquire into the title of a registered ship to be registered.

Section 72

Registry anew on change of ownership.

Section 73

Procedure for registry anew.

Section 74

Transfer of registry.

Section 75

Restrictions on re-registration of abandoned ships.

Section 76

Regulations restricting closing or transfer of registry.

Section 77

Provision for cases of infancy or other incapacity.

Section 78

Notice of trusts not received.

Section 79

Equities not excluded by Act.

Section 80

Liability of owners.

Section 81

Ship's managing owner or manager to be registered.

Section 82

Power of registrar to dispense with declarations and other evidence.

Section 83

Mode of making declarations.

Section 84

Inspection of register book.

Section 85

Documents admissible in evidence.

Section 86

Forms of documents and instructions as to registry.

Section 87

Instructions by Revenue Commissioners as to duties of their officers under this Act.

Section 88

Forgery of documents.

Section 89

False declarations concerning ownership, etc., of ships.

Section 90

Proceedings on forfeiture of ship.

Section 91

Ascertainment of tonnage of ships to be registered.

Section 92

Tonnage once ascertained to be the tonnage of ship.

Section 93

Space occupied by deck cargo to be liable to dues.

Section 94

Surveyors and directions for measurement of ships.

Section 95

Tonnage of ships of other countries.

Section 96

Establishment of register office.

Section 97

Register of seamen.

Section 98

Misdemeanour.

FIRST SCHEDULE Enactments Repealed SECOND SCHEDULE Ports of Registry THIRD SCHEDULE Documents of which the forms are to be directed by the Revenue Commissioners and consented to by the Minister Number 29 of 1955.

MERCANTILE MARINE ACT, 1955.

AN ACT TO PROVIDE FOR THE NATIONAL CHARACTER, OWNERSHIP AND REGISTRY OF IRISH SHIPS, FOR THE MORTGAGE, SALE, TRANSFER AND MEASUREMENT OF TONNAGE OF SUCH SHIPS, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [22nd December, 1955.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title.

1.—This Act may be cited as the Mercantile Marine Act, 1955.

Interpretation.

2.—(1) In this Act— “the Act of 1894” means the Merchant Shipping Act, 1894 , and, save where the context otherwise requires, shall be construed as referring to that Act as amended or extended by subsequent enactments; “chief officer of customs and excise” includes the collector, or other chief officer of customs and excise at each port; “consular officer” includes any consular officer, whether he is or is not in the Civil Service of the State and also includes a person nominated whether individually or by reference to a class by the Minister for External Affairs, after consultation with the Minister, to exercise consular functions for the purposes of this Act or of any specified sections thereof; “diplomatic officer” means a person in the Civil Service of the State who is an ambassador extraordinary and plenipotentiary, an envoy extraordinary and minister plenipotentiary, a chargé d'affaires, a counsellor of embassy or legation, a secretary of embassy or legation or an attaché; “the General Register and Record Office” means the office to be maintained in accordance with section 96 of this Act; “Irish body corporate” means a body corporate established under and subject to the law of the State and having its principal place of business in the State; “master” includes every person (except a pilot) having command or charge of any ship; “the Minister” means the Minister for Industry and Commerce; “prescribed” means prescribed by a fees order under section 4 of this Act; “qualified person” means a person qualified under this Act to own a registered ship or a share therein; “reciprocating state” means a state declared by an order under section 19 of this Act for the time being in force to be a reciprocating state; “registered ship” means a ship registered under this Act; “ship” includes every description of vessel used in navigation not propelled by oars; “State-owned ship” means a ship wholly owned by the Government or a Minister of State; “surveyor of ships” means a person appointed to be a surveyor of ships for the purposes of the Act of 1894 and “surveyor” shall be construed accordingly.

Part I

of the Act of 1894 shall, unless the context otherwise requires, be construed as a reference to this Act.

Non-application of this Act.

3.—This Act shall not apply to ships of the Naval Service of the Defence Forces which are wholly manned by personnel of that Service.

Power to Minister to prescribe fees.

4.—(1) The Minister may, with the consent of the Minister for Finance, prescribe by order (in this Act referred to as a fees order) the fees to be charged for inspections made and certificates issued under this Act.

Collection and disposal of fees.

5.—(1) All fees payable under a fees order shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister.

Laying of orders, rules and regulations before Houses of the Oireachtas.

6.—Every order, rule and regulation made by virtue of this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution is passed by either House within the next twenty-one days upon which that House has sat after such instrument has been laid before it annulling the instrument, the instrument shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Expenses.

7.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals.

8.—(1) The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

PART II.

Irish Ships, National Colours and Character.

Irish ships.

9.—The following ships shall be known as Irish ships and shall, subject to subsection (3) of section 18 of this Act, be entitled to wear the proper national colours and assume national character— (a) State-owned ships; (b) ships which are wholly owned by persons being citizens of Ireland (hereinafter referred to as Irish citizens) or Irish bodies corporate and are not registered under the law of another country; (c) other ships registered or deemed to be registered under this Act.

National colours for Irish ships.

10.—(1) The proper national colours to be worn by Irish ships shall be the national flag or that flag with a white border except that— (a) in the case of State-owned ships for which a special flag is prescribed under subsection (2) of this section, the proper national colours shall be the flag so prescribed, and (b) in the case of ships in respect of which a special flag is authorised by flag warrant under subsection (3) of this section, the proper national colours shall be the flag so authorised.

Prohibition on hoisting colours other than national colours.

11.—(1) No flag distinctive of nationality shall be hoisted on an Irish ship other than the proper national colours.

Obligation to hoist national colours.

12.—(1) The proper national colours shall be hoisted on an Irish ship— (a) on a signal being made to her by a ship of the Naval Service of the Defence Forces under the command of a commissioned officer of that Service, and (b) on entering or leaving a port outside the State, and (c) if the ship is of fifty tons gross tonnage or upwards, on entering or leaving a port in the State.

Penalty for unduly assuming Irish character.

13.—(1) If a person uses the proper national colours or assumes Irish national character on board a ship which is not an Irish ship, for the purpose of making the ship appear to be an Irish ship, the ship shall be subject to forfeiture under this Act, unless the assumption has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in the exercise of some belligerent right.

Penalty for concealment of Irish or assumption of foreign character.

14.—If the master or owner of an Irish ship does anything or permits anything to be done, or carries or permits to be carried any papers or documents, with intent— (a) to conceal the Irish national character of the ship from any person entitled by law to enquire into the ship's national character, or (b) to deceive any such person, or (c) to assume a foreign character, the ship shall be subject to forfeiture under this Act, and the master, if he commits or is privy to the commission of the offence shall in respect of each offence be guilty of a misdemeanour.

National character of ship to be declared before clearance.

15.—(1) An officer of customs and excise shall not grant a clearance or transire for a ship until the master has stated the nationality of the ship to the officer, and the officer shall there upon inscribe that nationality on the clearance or transire.

Qualification for Ownership and Obligation to Register.

Persons qualified to own registered ships.

16.—Subject to section 19 of this Act respecting reciprocating states, the following shall alone be qualified to own a registered ship or a share therein— (a) the Government; (b) a Minister of State; (c) an Irish citizen; (d) an Irish body corporate.

Registry of State-owned ships.

17.—(1) The Government may, by order, provide for the registry of State-owned ships under this Act, and, subject to any exceptions and modifications which may be made by the Government by order, either generally or as respects any special class of State-owned ships, the Act of 1894 and this Act shall apply to ships registered in accordance with any such order as if they were registered in the manner provided by this Act.

Obligation to register ships owned by Irish citizens and Irish bodies corporate.

18.—(1) Every ship which is wholly owned by an Irish citizen or an Irish body corporate shall be registered under this Act, unless she is a ship exempt under subsection (2) of this section from the obligation to register under this Act.

Reciprocating states.

19.—(1) The Government may by order declare a particular state to be a reciprocating state if they are of opinion that it would be in the national interest so to do, and if they are satisfied that Irish citizens and Irish bodies corporate are entitled, under the laws of that state, to own a ship or a share in a ship having the nationality of that state.

Prohibition of registry and saver for certain ships.

20.—(1) Subject to subsection (2) of this section a ship which is not wholly owned by one or more qualified persons shall not be registered under this Act.

Registry under the law of another country.

21.—The Minister may, in his absolute discretion, on the application of a qualified person to register a ship under the law of another country, consent to such registry by that person.

Penalty for unqualified person acquiring ownership of Irish ship.

22.—If a person who is not a qualified person acquires as owner, otherwise than by transmission as hereinafter provided for, any interest, legal or beneficial, in an Irish ship, the interest so acquired shall be subject to forfeiture under this Act.

Procedure for Registration.

Registrars.

23.—(1) The chief officer of customs and excise at any port of registry and any other officer of customs and excise appointed for the purpose by the Revenue Commissioners shall be registrars of ships for the purposes of this Act.

Register book.

24.—Every registrar shall keep a book to be called the register book, and entries in that book shall be made in accordance with the following provisions and such other provisions as the Minister may direct: (a) the property in a ship shall be divided into sixty-four shares; (b) subject to the provisions of this Act with respect to joint owners or owners by transmission, not more than sixty-four individuals shall be entitled to be registered at the same time as owners of any one ship, but this rule shall not affect the beneficial title of any number of persons or of any company represented by or claiming under or through any registered owner or joint owner; (c) a person shall not be entitled to be registered as owner of a fractional part of a share in a ship, but any number of persons, not exceeding five, may be registered as joint owners of a ship or of any share or shares therein; (d) joint owners shall be considered as constituting one person only as regards the persons entitled to be registered, and shall not be entitled to dispose in severalty of any interest in a ship or in any share therein in respect of which they are registered.

Survey and measurement of ship.

25.—(1) Every ship shall, before registry under this Act, be surveyed by a surveyor of ships and her tonnage ascertained in accordance with the tonnage regulations of this Act, and the surveyor shall grant his certificate specifying the ship's tonnage and build, and such other particulars descriptive of the identity of the ship as may for the time being be required by the Minister, and the certificate shall be delivered to the registrar before registry.

Marking of ship.

26.—(1) Every ship shall, before registry under this Act, be marked permanently and conspicuously to the satisfaction of the Minister in the following manner:— (a) the ship's name shall be marked on each of her bows, and her name and the name of her port of registry shall be marked on her stern, on a dark ground in white or yellow letters, or on a light ground in black letters, and the letters shall be not less than four inches in length and of proportionate breadth; (b) the ship's official number and the number denoting her registered tonnage shall be cut on her main beam; (c) a scale of feet denoting the ship's draught of water shall be marked on each side of her stem and of her stern post in Roman capital letters or in figures not less than six inches in length, the lower line of such letters or figures to coincide with the draught line denoted thereby, and those lines or figures shall be marked by being cut in and painted white or yellow on a dark ground, or in such other way as the Minister approves.

Application for registry.

27.—An application for registry of a ship shall be made, in the case of individuals, by the person requiring to be registered as owner, or by some one or more of the persons so requiring if more than one, or by his or their agent, and in the case of bodies corporate by their agent, and the authority of the agent shall be testified by writing, if appointed by individuals, under the hands of the appointers, and, if appointed by a body corporate, under the seal of that body corporate.

Declaration of ownership on registry.

28.—A person shall not be entitled to be registered as owner of a ship or a share therein until he, or in the case of a body corporate the person authorised by section 83 of this Act to make declarations on behalf of the body corporate, has made and signed a declaration of ownership, referring to the ship as described in the certificate of the surveyor, and containing such particulars as the Minister may require.

Evidence on first registry.

29.—(1) On the first registry of a ship the following evidence shall be produced in addition to the declaration of ownership:— (a) in the case of a ship built in the State, a builder's certificate, that is to say a certificate signed by the builder of the ship and containing a true account of the proper denomination and of the tonnage of the ship, as estimated by him, and of the time when and the place where she was built, and of the name of the person (if any) on whose account the ship was built and, if there has been any sale, the bill of sale under which the ship, or a share therein, has become vested in the applicant for registry; (b) in the case of a ship built outside the State, the same evidence as in the case of a ship built in the State unless the declarant who makes the declaration of ownership declares that the time and place of her building are unknown to him, or that the builder's certificate cannot be procured, in which case there shall be required only the bill of sale under which the ship, or a share therein, became vested in the applicant for registry; (c) in the case of a ship condemned by any competent court, an official copy of the condemnation.

Entry of particulars in register book.

30.—As soon as the requirements of this Act preliminary to registry have been complied with the registrar shall enter in the register book the following particulars respecting the ship:— (a) the name of the ship and her port of registry; (b) the details comprised in the surveyor's certificate; (c) the particulars respecting her origin stated in the declaration of ownership; and (d) the name and description of her registered owner or owners, and if there are more owners than one, the proportions in which they are interested in her.

Documents to be retained by registrar.

31.—On the registry of a ship the registrar shall retain in his possession the following documents, namely, the surveyor's certificate, the builder's certificate, any bill of sale of the ship previously made, the copy of the condemnation (if any) and all declarations of ownership.

Ports of registry.

32.—(1) The several ports mentioned in the Second Schedule to this Act (being the ports of registry in the State at the passing of this Act) shall be ports of registry for the purposes of this Act.

Certificate of Registry.

Certificate of registry.

33.—On completion of the registry of a ship, the registrar shall grant a certificate of registry comprising the particulars respecting her entered in the register book, with the name of her master.

Custody of certificate.

34.—(1) The certificate of registry shall be used only for the lawful navigation of the ship, and shall not be subject to detention by reason of any title, lien, charge or interest whatever had or claimed by any owner, mortgagee or other person to, on or in the ship.

Penalty for use of improper certificate.

35.—If the master or owner of a ship uses or attempts to use for her navigation a certificate of registry not legally granted in respect of the ship, he shall be guilty of a misdemeanour and the ship shall be subject to forfeiture under this Act.

Power to grant new certificate.

36.—The registrar of the port of registry of a ship may, with the approval of the Revenue Commissioners, on the delivery up to him of the certificate of registry of a ship and on the payment by the registered owners of the prescribed fee (if any) grant a new certificate in lieu thereof.

Provision for loss of certificate.

37.—(1) In the event of the certificate of registry of a ship being mislaid, lost or destroyed, the registrar of her port of registry shall, on the payment by the registered owners of the prescribed fee (if any), grant a new certificate of registry in lieu of her original certificate.

Endorsement of change of master on certificate.

38.—Where the master of a registered ship is changed, each of the following persons, namely— (a) if the change is made in consequence of the removal of the master by a court under the Act of 1894, the proper officer of that court; and (b) if the change occurs from any other cause, the registrar, or if there is none the diplomatic or consular officer, at the port where the change occurs, shall, on the payment of the prescribed fee (if any), endorse and sign on the certificate of registry a memorandum of the change, and shall forthwith report the change to the person for the time being in charge of the General Register and Record Office, and any officer of customs and excise at any port in the State may refuse to admit any person to do any act there as master of a registered ship unless his name is inserted in or endorsed on her certificate of registry as her last appointed master.

Endorsement of change of ownership on certificate.

39.—(1) Whenever a change occurs in the registered ownership of a ship, the change of ownership shall be endorsed on her certificate of registry either by the registrar of the ship's port of registry, or by the registrar of any port in the State at which the ship arrives who has been advised of the change by the registrar of the ship's port of registry.

Delivery up of certificate of ship lost or ceasing to be owned by qualified persons.

40.—(1) In the event of a registered ship being either actually or constructively lost, taken by the enemy, burnt or broken up, or ceasing by reason of a transfer to persons who are not qualified persons or otherwise, to be a registered ship, every owner of the ship or of any share in the ship shall, immediately on obtaining knowledge of the event, if no notice thereof has already been given to the registrar, give notice thereof to the registrar at her port of registry, and that registrar shall make an entry thereof in the register book, and provided the Minister has given his approval where such approval is necessary under regulations made under section 76 of this Act, 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.

Temporary certificate for ships becoming owned by qualified persons abroad.

41.—(1) If, at a port outside the State, a ship becomes the property of qualified persons, the diplomatic or consular officer there may, subject to the approval of the Minister, grant to the master, on his application, a temporary certificate and shall forward a copy of the certificate at the first convenient opportunity to the General Register and Record Office.

Temporary passes in lieu of certificates of registry.

42.—Where it appears to the Revenue Commissioners that by reason of special circumstances it would be desirable that permission should be given to a ship which is wholly owned by one or more qualified persons to pass without being previously registered— (a) from any port in the State to another port in the State, or (b) from any port in the State to a port outside the State when the voyage is not primarily for trading purposes, the Revenue Commissioners may grant a pass accordingly, and that pass shall, for the time and within the limits therein mentioned, have the same effect as a certificate of registry.

Transfers and Transmissions.

Transfer of ship or share.

43.—(1) A registered ship or a share therein (when disposed of to a qualified person) shall be transferred by bill of sale.

Declaration of transfer.

44.—Where a registered ship or a share therein is transferred, the transferee shall not be entitled to be registered as owner thereof until he, or, in the case of a body corporate, the person authorised by section 83 of this Act to make declarations on behalf of that body, has made and signed a declaration (in this Act called a declaration of transfer) referring to the ship, and containing— (a) a statement of the qualification of the transferee to own a registered ship, or, if the transferee is a body corporate, of such circumstances of the constitution and business thereof as prove it to be qualified to own a registered ship; and (b) a declaration that, to the best of his knowledge and belief, no person or body of persons who are not qualified persons is entitled as owner to any legal or beneficial interest in the ship or any share therein.

Registry of transfer.

45.—(1) Every bill of sale for the transfer of a registered ship or of a share therein, when duly executed, shall be produced to the registrar of her port of registry, with the declaration of transfer, and the registrar shall thereupon enter in the register book the name of the transferee as owner of the ship or share, and shall endorse on the bill of sale the fact of that entry having been made, with the day and hour thereof.

Transmission of property in ship on death, bankruptcy, etc.

46.—(1) Where the property in a registered ship or in a share therein is transmitted to a qualified person on the death or bankruptcy of any registered owner, or by any lawful means other than by a transfer under this Act— (a) that person shall authenticate the transmission by making and signing a declaration (in this Act called a declaration of transmission) identifying the ship and containing the several statements hereinbefore required to be contained in a declaration of transfer, or as near thereto as circumstances admit, and also a statement of the manner in which and the person to whom the property has been transmitted; (b) if the transmission is consequent on bankruptcy, the declaration of transmission shall be accompanied by such evidence as is for the time being receivable in courts of justice as proof of the title of persons claiming under a bankruptcy; (c) if the transmission is consequent on death, the declaration of transmission shall be accompanied by the instrument of representation, or an official extract therefrom.

Order for sale on transmission to unqualified person.

47.—(1) Where the property in a registered ship or in a share therein is transmitted on death, bankruptcy or otherwise to a person who is not a qualified person, then the High Court may, on application by or on behalf of such person, order a sale of the property so transmitted and direct that the proceeds of the sale, after deducting the expenses thereof, be paid to the person entitled under such transmission or otherwise as the court direct.

Transfer of ship on sale by order of court.

48.—Where any court, whether under the preceding sections of this Act or otherwise, order the sale of any ship or share therein, the order of the court shall contain a declaration vesting in some person named by the court the right to transfer that ship or share, and that person shall thereupon be entitled to transfer the ship or share in the same manner and to the same extent as if he were the registered owner thereof, and every registrar shall obey the requisition of the person so named in respect of any such transfer to the same extent as if such person were the registered owner.

Power of court to prohibit transfer.

49.—The High Court may, if they think fit (without prejudice to the exercise of any other power of the court), on the application of any interested person make an order prohibiting for a time specified any dealing with a ship or any share therein, and the court may make the order on any terms or conditions they think just, or may refuse to make the order, or may discharge the order when made, with or without costs, and generally may act in the case as the justice of the case requires, and every registrar, without being made a party to the proceeding, shall, on being served with the order or an official copy thereof obey the same.

Mortgage of ship or share.

Mortgages.

50.—(1) A registered ship or a share therein may be made a security for a loan or other valuable consideration, and the instrument creating the security (in this Act called a mortgage) shall be in such form as the Revenue Commissioners with the consent of the Minister may from time to time direct or as near thereto as circumstances permit, and on the production of such instrument the registrar of the ship's port of registry shall record it in the register book.

Entry of discharge of mortgage.

51.—Where a registered mortgage is discharged, the registrar shall, on the production of the mortgage deed, with a receipt for the mortgage money endorsed thereon, duly signed and attested, make an entry in the register book to the effect that the mortgage has been discharged, and on that entry being made the estate (if any) which passed to the mortgagee shall vest in the person in whom (having regard to intervening acts and circumstances, if any) it would have vested if the mortgage had not been made.

Priority of mortgages.

52.—If there are more mortgages than one registered in respect of the same ship or share, the mortgagees shall, notwithstanding any express, implied or constructive notice, be entitled in priority, one over the other, according to the date at which each mortgage is recorded in the register book, and not according to the date of each mortgage itself.

Mortgagee not treated as owner.

53.—Except as far as may be necessary for making a mortgaged ship or share available as a security for the mortgage debt, the mortgagee shall not by reason of the mortgage be deemed the owner of the ship or share, nor shall the mortgagor be deemed to have ceased to be owner thereof.

Mortgagee to have power of sale.

54.—Every registered mortgagee shall have power absolutely to dispose of the ship or share in respect of which he is registered, and to give effectual receipts for the purchase money, but where there are more persons than one registered as mortgagees of the same ship or share, a subsequent mortgagee shall not, except under the order of a court of competent jurisdiction, sell the ship or share, without the concurrence of every prior mortgagee.

Mortgage not affected by bankruptcy.

55.—A registered mortgage of a ship or share shall not be affected by any act of bankruptcy committed by the mortgagor after the date of the record of the mortgage, notwithstanding that the mortgagor at the commencement of his bankruptcy had the ship or share in his possession, order, or disposition, or was reputed owner thereof, and the mortgage shall be preferred to any right, claim, or interest therein of the other creditors of the bankrupt or any trustee or assignee on their behalf.

Transfer of mortgages.

56.—A registered mortgage of a ship or share may subject to section 62 of this Act be transferred to any person, and the instrument effecting the transfer shall be in such form as the Revenue Commissioners may with the consent of the Minister from time to time direct or as near thereto as circumstances permit, and on the production of such instrument the registrar shall record it by entering in the register book the name of the transferee as mortgagee of the ship or share, and shall by memorandum under his hand notify on the instrument of transfer that it has been recorded by him, stating the day and hour of the record.

Transmission of interest in mortgage on death, bankruptcy, etc.

57.—(1) Where the interest of a mortgagee in a ship or share is transmitted on death, or bankruptcy, or by any lawful means, other than by a transfer under this Act, the transmission shall be authenticated by a declaration of the person to whom the interest is transmitted, containing a statement of the manner in which and the person to whom the property has been transmitted, and shall be accompanied by the like evidence as is by this Act required in case of a corresponding transmission of the ownership of a ship or share.

Certificates of Mortgage and Sale.

Powers of mortgage and sale may be conferred by certificate.

58.—A registered owner, if desirous of disposing by way of mortgage or sale of the ship or share in respect of which he is registered at any place out of the State, may apply to the registrar, and the registrar shall thereupon enable him to do so by granting a certificate of mortgage or a certificate of sale.

Requisites for certificates of mortgage and sale.

59.—Before a certificate of mortgage or sale is granted, the applicant shall state to the registrar, and the registrar shall enter in the register book, the following particulars:— (a) the name of the person by whom the power mentioned in the certificate is to be exercised, and in the case of a mortgage the maximum amount of charge to be created, if it is intended to fix any such maximum, and in the case of a sale the minimum price at which a sale is to be made, if it is intended to fix any such minimum; (b) the place where the power is to be exercised, or if no place is specified, a declaration that it may be exercised anywhere, subject to the provisions of this Act; (c) the limit of time within which the power may be exercised.

Restrictions on certificates of mortgage and sale.

60.—A certificate of mortgage or sale shall not be granted so as to authorise any mortgage or sale to be made at any place in the State or by any person not named in the certificate.

Contents of certificates of mortgage and sale.

61.—A certificate of mortgage and a certificate of sale shall contain a statement of the several particulars by this Act directed to be entered in the register book on the application for the certificate, and in addition thereto an enumeration of any registered mortgages or certificates of mortgage or sale affecting the ship or share in respect of which the certificate is given.

Restriction on transfer or mortgage.

62.—(1) A person shall not transfer or mortgage, or transfer any mortgage of, any Irish ship or any share in an Irish ship unless— (a) the transaction is approved of by the Minister, or (b) the transaction is a transaction declared by regulations under subsection (3) of this section to be an excepted transaction for the purposes of this section.

Rules as to certificates of mortgage.

63.—The following rules shall be observed as to certificates of mortgage:—

Rules as to certificates of sale.

64.—The following rules shall be observed as to certificates of sale:—

Power of Revenue Commissioners in case of loss of certificate of mortgage or sale.

65.—On proof at any time to the satisfaction of the Revenue Commissioners that a certificate of mortgage or sale is lost or destroyed, or so obliterated as to be useless, and that the powers thereby given have never been exercised, or if they have been exercised, then on proof of the several matters and things that have been done thereunder, the registrar may, with the sanction of the Commissioners, as circumstances require, either issue a new certificate, or direct such entries to be made in the register books or such other things to be done, as might have been made or done if the loss, destruction, or obliteration had not taken place.

Revocation of certificates of mortgage and sale.

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

Name of Ship.

Rules as to name of ship.

67.—(1) A ship shall not be described by any name other than that by which she is for the time being registered.

Power to refuse registry under particular name.

68.—(1) The Minister, after consultation with the Revenue Commissioners, may make regulations enabling the Minister to refuse the registry of any ship by the name by which it is proposed to register that ship if it is already the name of a registered ship or of a ship registered in a reciprocating state or a name so similar as to be calculated to deceive, and may require notice to be given in such manner as may be directed by the regulations before the name of the ship is marked on the ship, or before the name of the ship is entered on the register.

Registry of Alterations, Registry anew and Transfer of Registry.

Registry of alterations.

69.—(1) When a registered ship is so altered as not to correspond with the particulars relating to her tonnage or description contained in the register book then, as soon as may be after such alteration has been made, the registered owner of the ship shall make application to the registrar at the port of registry of the ship and the registrar shall, on receipt of a certificate from a surveyor stating the particulars of the alteration, either cause the alteration to be registered or direct that the ship be registered anew.

Regulations for registry of alteration.

70.—(1) For the purpose of the registry of an alteration in the ship, the ship's certificate of registry shall be produced to the registrar, and the registrar shall, in his discretion, either retain the certificate of registry and grant a new certificate of registry containing a description of the ship as altered or endorse and sign on the existing certificate a memorandum of the alteration.

Power to inquire into the title of a registered ship to be registered.

71.—(1) Where it appears to the Revenue Commissioners that there is any doubt as to the title of any registered ship to be registered under this Act, they may direct the registrar of the port of registry of the ship to require evidence to be given to his satisfaction that the ship is entitled to be registered under this Act.

Registry anew on change of ownership.

72.—Where the ownership of any ship is changed, the registrar of the port at which the ship is registered may, on the application of the owners of the ship, register the ship anew, although registration anew is not required under this Act.

Procedure for registry anew.

73.—(1) Where a ship is to be registered anew, the registrar shall proceed as in the case of first registry, and on the delivery up to him of the existing certificate of registry, and on the other requisites of registry, or in the case of a change of ownership such of them as he thinks material, being duly complied with, shall make such registry anew, and grant a certificate thereof.

Transfer of registry.

74.—(1) The registry of any ship may be transferred from one port of registry to another port of registry in the State on the application to the registrar of the existing port of registry of the ship made by declaration in writing of all persons appearing on the register to be interested therein as owners or mortgagees, but that transfer shall not in any way affect the rights of those persons or any of them, and those rights shall in all respects continue in the same manner as if no such transfer had been effected.

Restrictions on re-registration of abandoned ships.

75.—Where a ship has ceased to be registered under this Act by reason of having been wrecked or abandoned, or for any reason other than capture by the enemy or transfer to a person who is not a qualified person, the ship shall not be re-registered until she has, at the expense of the applicant for registration, been surveyed by a surveyor of ships and certified by him or by or on behalf of an authority recognised by the Minister or by a body recognised by such authority, to be seaworthy.

Regulations restricting closing or transfer of registry.

76.—(1) The Minister may provide by regulations that the registry in the State of a specified ship or of any ship of a specified class shall not be closed or transferred to a port outside the State save with the approval of the Minister.

Incapacitated Persons.

Provision for cases of infancy or other incapacity.

77.—(1) Where by reason of infancy, lunacy or any other cause any person interested in any ship, or in any share therein, is incapable of making any declaration or doing anything required or permitted by this Act to be made or done in connection with the registry of the ship or share, the guardian or committee, if any, of that person, or, if there is none, any person appointed on application made on behalf of the incapable person, or of any other person interested, by any court or judge having jurisdiction in respect of the property of incapable persons, may make such declaration, or a declaration as nearly corresponding thereto as circumstances permit, and do such act or thing in the name and on behalf of the incapable person; and all acts done by the substitute shall be as effectual as if done by the person for whom he is substituted.

Trusts and Equitable Rights.

Notice of trusts not received.

78.—No notice of any trust, express, implied or constructive, shall be entered in the register book or be 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 in manner in this Act provided of the ship or share, and to give effectual receipts for any money paid or advanced by way of consideration.

Equities not excluded by Act.

79.—The expression “beneficial interest”, where used in this Act, includes interests arising under contract and other equitable interests; and the intention of this Act is that without prejudice to the provisions of this Act for preventing notice of trusts from being entered in the register book or received by the registrar and without prejudice to the powers of disposition and of giving receipts conferred by this Act on registered owners and mortgagees, and without prejudice to the provisions of this Act relating to the exclusion of persons who are not qualified persons from the registry of ships under this Act, interests arising under contract or other equitable interests may be enforced by or against owners and mortgagees of ships in respect of their interest therein in the same manner as in respect of any other personal property.

Liability of Beneficial Owner.

Liability of owners.

80.—Where any person is beneficially interested, otherwise than by way of mortgage, in any ship or share in a ship registered in the name of some other person as owner, the person so interested shall, as well as the registered owner, be subject to all pecuniary penalties imposed by this or any other Act on the owners of ships or shares therein, so nevertheless 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 of them.

Managing Owner.

Ship's managing owner or manager to be registered.

81.—(1) The name and address of the managing owner for the time being of every registered ship shall be registered at the custom house of her port of registry.

Declarations and Inspection of Register.

Power of registrar to dispense with declarations and other evidence.

82.—When, under this Act, any person is required to make a declaration on behalf of himself or of any body corporate, or any evidence is required to be produced to the registrar, and it is shown to the satisfaction of the registrar that from any reasonable cause that person is unable to make the declaration, or that the evidence cannot be produced, the registrar may, with the approval of the Revenue Commissioners and on the production of such other evidence, and subject to such terms as they may think fit, dispense with the declaration or evidence.

Mode of making declarations.

83.—(1) Declarations required by this Act shall be made before a registrar or a peace commissioner or a commissioner for oaths, or a diplomatic or consular officer.

Inspection of register book.

84.—A person, on payment of the prescribed fee (if any) may, on application to the registrar at a reasonable time during the hours of his official attendance, inspect any register book.

Documents admissible in evidence.

85.—(1) The following documents shall be admissible in evidence in manner provided by the Act of 1894 namely:— (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 to be signed by the registrar or other proper officer, (c) an endorsement on a certificate of registry purporting to be signed by the registrar or other proper officer, (d) every declaration made in pursuance of this Act in respect of a registered ship, and (e) such other documents made in pursuance of this Act as may be directed by the Minister.

Forms of documents and instructions as to registry.

86.—(1) The several instruments and documents specified in the Third Schedule to this Act shall be in such form as may be directed by the Revenue Commissioners, with the consent of the Minister, or as near thereto as circumstances permit, and the Revenue Commissioners may, with the consent of the Minister, make such alterations in the forms so directed as they may deem requisite.

Instructions by Revenue Commissioners as to duties of their officers under this Act.

87.—The Revenue Commissioners, with the consent of the Minister, may, for carrying into effect this Act, give such instructions to their officers as to the manner of making entries in the register book, as to the execution and attestation of powers of attorney, as to any evidence required for identifying any person, as to the referring to themselves of any question involving doubt or difficulty, and generally as to any act or thing to be done in pursuance of this Act, as they think fit.

Forgery and False Declarations.

Forgery of documents.

88.—If any person forges, or fraudulently alters, or assists in forging or fraudulently altering, or procures to be forged or fraudulently altered, any of the following documents, namely, any register book, builder's certificate, surveyor's certificate, certificate of registry, declaration, bill of sale, instrument of mortgage, or certificate of mortgage or sale under this Act, or any entry or endorsement required by this Act to be made in or on any of those documents, that person shall be guilty of a misdemeanour.

False declarations concerning ownership, etc., of ships.

89.—(1) Every person who, in relation to any declaration made or any document or other evidence produced under this Act— (a) wilfully makes, or assists in making, or procures to be made any false statement concerning the title to or ownership of, or the interest existing in any ship, or any share in a ship, or (b) utters, produces or makes use of any declaration or document containing any such false statement knowing it to be false, shall be guilty of a misdemeanour.

Forfeiture of Ship.

Proceedings on forfeiture of ship.

90.—(1) Where any ship has either wholly or as to any share therein become subject to forfeiture under this Act, (a) a member of the Garda Síochána not below the rank of Inspector, or (b) an officer of customs and excise, or (c) such other person as may be authorised by the Minister for the purpose, may seize and detain the ship and bring her for adjudication before the High Court, and the Court may thereupon adjudge the ship with her tackle, apparel and furniture to be forfeited to the State and make such order in the case as to the Court seems just.

Measurement of Ship and Tonnage.

Ascertainment of tonnage of ships to be registered.

91.—(1) The tonnage of every ship to be registered under this Act, with the exception mentioned in subsection (2) of section 25 of this Act shall, previously to her being registered, be ascertained in accordance with regulations made by the Minister (in this Act referred to as the tonnage regulations of this Act) and such regulations may make different provisions for different classes of such ships.

Tonnage once ascertained to be the tonnage of ship.

92.—Whenever the tonnage of any ship has been ascertained and registered in accordance with the tonnage regulations of this Act, the same shall thenceforth be deemed to be the tonnage of the ship, and shall be repeated in every subsequent registry thereof, unless any alteration is made in the form or capacity of the ship, or unless it is discovered that the tonnage of the ship has been erroneously computed; and in either of those cases the ship shall be remeasured, and her tonnage ascertained and registered according to the tonnage regulations of this Act.

Space occupied by deck cargo to be liable to dues.

93.—(1) If any ship carries as deck cargo, that is to say, in any uncovered space upon deck, or in any covered space not included in the cubical contents forming the ship's registered tonnage, timber, stores or other goods, all dues payable on the ship's tonnage shall be payable as if there were added to the ship's registered tonnage the tonnage of the space occupied by those goods at the time at which the dues become payable.

Surveyors and directions for measurement of ships.

94.—All duties in relation to the survey and measurement of ships shall be performed, in accordance with the directions of the Minister, by surveyors of ships or by any person authorised by the Minister for the purpose.

Tonnage of ships of other countries.

95.—(1) Where the Minister is satisfied that the rules in force for the measurement of tonnage of ships applied by another country are similar to the tonnage regulations of this Act, the Minister may direct that the ships of that country shall, without being remeasured in the State, be deemed to be of the tonnage denoted in their certificates of registry or other national papers, in the same manner, to the same extent and for the same purposes as the tonnage denoted in the certificate of registry of a registered ship is deemed to be the tonnage of that ship, and any space shown by the certificate of registry or other national papers of any such ship as deducted from tonnage on account of being occupied by seamen or apprentices, and appropriated to their use, shall be deemed to have been certified under this Act and to comply with the provisions of this Act which apply to such a space in the case of registered ships, unless a surveyor of ships certifies to the Minister that the construction and the equipment of the ship as respects that space do not come up to the standard required under this Act in the case of a registered ship, and if any question arises whether the construction and the equipment of the ship so come up to the required standard a surveyor of ships may inspect the ship for the purpose of determining whether such a certificate should be given by him or not.

Register Office.

Establishment of register office.

96.—There shall be maintained, under the control of the Minister, a general register and record office of shipping and seamen which shall be known as An Phríomh-Oifig Chláraithe agus Taifeadta Loingis agus Mairnéalach.

Register of seamen.

97.—The person for the time being in charge of the General Register and Record Office shall, by means of documents transmitted to him and by any other means in his power, keep at his office a register of all persons who serve in ships subject to this Act.

Prosecution of Offences.

Misdemeanour.

98.—An offence under this Act declared to be a misdemeanour shall be punishable upon conviction on indictment by a fine not exceeding five hundred pounds or by imprisonment for a term not exceeding two years or by both such fine and imprisonment but may, instead of being prosecuted on indictment, be prosecuted summarily in the District Court and shall be punishable upon summary conviction by a fine not exceeding one hundred pounds or by imprisonment for a term not exceeding twelve months or by both such fine and imprisonment.

FIRST SCHEDULE.

Enactments Repealed.

Section 8

.

Session and Chapter or Number and Year.

Short Title.

Extent of Repeal.

57 & 58 Vic., c. 60.

Merchant Shipping Act, 1894 .

Part I, and sections 251 and 252.

6 Edw. 7, c. 48.

Merchant Shipping Act, 1906 .

Sections 50, 51, 52, 53, 54, 55 and 80.

7 Edw. 7, c. 52.

Merchant Shipping Act, 1907.

The whole Act.

No. 46 of 1947.

Merchant Shipping Act, 1947 .

Sections 2, 3, 4, 8, 9 and 10.

SECOND SCHEDULE.

Ports of Registry.

Section 32

.

Cork, Drogheda, Dublin, Dundalk, Galway, Limerick, Skibbereen, Sligo, Tralee, Waterford, Westport and Wexford.

THIRD SCHEDULE.

Documents of which the forms are to be directed by the Revenue Commissioners and consented to by the Minister.

Section 86

.

Bill of Sale.

Certificate of surveyor.

Declaration of ownership by individual owner.

Declaration of ownership on behalf of a body corporate as owner.

Certificate of registry.

Temporary certificate.

Declaration of ownership by individual transferee.

Declaration of ownership on behalf of a body corporate as transferee.

Declaration of owner taking by transmission.

Mortgage.

Transfer of Mortgage.

Declaration of mortgagee taking by transmission.

Certificate of mortgage.

Certificate of sale.

Revocation of certificate of sale or mortgage.

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