Shipping Registration Act (No. 7 of 1968)

REPUBLIC OF NAURU Shipping Registration Act 1968 As in force from 15 April 2011 This compilation comprises Act No. 7 of 1968 as amended and in force from 15 April 2011 (being, at the time the compilation was prepared on 22 May 2011, the date of commencement of the most recent amendment). The notes section at the end of the compilation includes a reference to the law by which each amendment was made. The Table of Amendments in the notes section sets out the legislative history of individual provisions. The operation of amendments that have been incorporated in the text of the compilation may be affected by application provisions that are set out in the notes section at the end of the compilation. This compilation is prepared and published in a legislation database by the Nauru Parliamentary Counsel under the Legislation Publication Act 2011. Contents 1 Short title .................................................................................................. 1 2 Definitions ................................................................................................ 1 3 Obligation to register ................................................................................ 1 4 Registrar of Nauruan ships ....................................................................... 2 5 Register book ........................................................................................... 2 6 Survey and measurement of ship ............................................................. 3 7 Marking of ship ......................................................................................... 3 8 Application for registry .............................................................................. 4 9 Declaration of ownership on registry ........................................................ 4 10 Entry of particulars in register book .......................................................... 5 11 Documents to be retained by Registrar .................................................... 6 12 Certificate of registry ................................................................................ 6 13 Custody of certificate ................................................................................ 6 14 Penalty for use of improper certificate ...................................................... 7 15 Power to grant new certificate .................................................................. 7 16 Provision for lost certificate ...................................................................... 7 17 Change of master ..................................................................................... 7 18 Endorsement of change of ownership ...................................................... 8 19 Delivery up of certificate of ship lost or ceasing to be registered .............. 8 20 Transfer of ships or shares ....................................................................... 8 21 Registry of transfer ................................................................................... 8 22 Transmission of property in ship on death, bankruptcy, marriage, etc. .... 9 23 Transfer of ship or sale by order of court ................................................ 10 24 Power of court to prohibit transfer .......................................................... 10 25 Mortgage of ship or share ...................................................................... 10 26 Entry of discharge of mortgage .............................................................. 10 27 Priority of mortgages .............................................................................. 11 28 Mortgagee not treated as owner ............................................................ 11 29 Mortgagee to have power of sale ........................................................... 11 30 Mortgagee not affected by bankruptcy ................................................... 11 31 Transfer of mortgages ............................................................................ 12 32 Transmission of interest in mortgage by death, bankruptcy, marriage, etc.12 33 Rules as to name of ship ........................................................................ 12 34 Registry of alterations ............................................................................. 13 35 Regulations for registry of alterations ..................................................... 14 36 Grant of provisional certificate of registry ............................................... 14 Shipping Registration Act 1968 37 Registry anew on change of ownership .................................................. 14 38 Procedure for registry anew ................................................................... 14 39 Restrictions on re-registration of abandoned ships ................................ 15 40 Provision for cases of infancy or other incapacity................................... 15 41 Notice of trusts not received ................................................................... 15 42 Equities not excluded by Act .................................................................. 16 43 Liability of owners ................................................................................... 16 44 Ship’s managing owner or manger to be registered ............................... 16 45 Power of registrar to dispense with declarations and other evidence ..... 17 46 Mode of making declarations ................................................................. 17 47 Evidence of register book, certificate of registry, and other documents . 17 48 Forms of documents and instructions as to registry ............................... 18 49 Forgery of documents ............................................................................ 18 50 False declarations .................................................................................. 18 51 National character of a ship to be declared before clearance ................ 19 52 Penalty for unduly assuming Nauruan character .................................... 19 53 Penalty for concealment of Nauruan or assumption of foreign character19 54 National colours for ships and penalty on carrying improper colours ..... 20 55 Penalty on ship not show-colours ........................................................... 20 56 Rules for ascertaining register tonnage .................................................. 20 57 Allowance for engine room space in steam ships................................... 21 58 Deductions for ascertaining tonnage ...................................................... 23 59 Ships with double bottoms ..................................................................... 23 60 Tonnage once ascertained to be the tonnage of ship ............................. 24 61 Surveyors of ships .................................................................................. 24 62 Regulations for measurement of ship ..................................................... 24 63 Penalties for Offences ............................................................................ 24 64 Service of documents ............................................................................. 25 65 Proof etc. of exemption .......................................................................... 25 66 Regulations ............................................................................................ 25 SCHEDULES .................................................................................................................... 27 First Schedule ..................................................................................................... 27 Second Schedule ................................................................................................ 28 Third Schedule .................................................................................................... 33 NOTES .............................................................................................................................. 34 Table of Constituent Legislation .......................................................................... 34 Table of Amendments ......................................................................................... 34 As in force from 15 April 2011 1 REPUBLIC OF NAURU Shipping Registration Act 1968 An Act to make provision for a census of the population of Nauru to be taken from time to time 1 Short title This Act may be cited as the Shipping Registration Act 1968. 2 Definitions In this Act, unless the contrary intention appears: ‘bankruptcy’ includes insolvency; ‘master’ includes every person (except a pilot) having command or charge of any ship; ‘Nauruan ship’ means a ship registered under this Act; ‘ship’ includes every description of vessel used in navigation on water and not propelled by oars; ‘surveyor’ or ‘surveyor of ships’ means a person appointed under section 61 of this Act as a surveyor of ships; ‘the Nauruan flag’ means the flag prescribed by Cabinet under section 54 of this Act; and ‘the Registrar’ means the Registrar of Nauruan ships appointed under section 4 of this Act. 3 Obligation to register (1) Every ship wholly owned by: (a) a Nauruan citizen; (b) a company registered in Nauru; or (c) a statutory corporation incorporated by a law in force in Nauru; Shipping Registration Act 1968 As in force from 15 April 2011 2 or any combination thereof shall be registered under this Act unless exempted from registry. (2) If a ship required by this Act to be registered is not registered under this Act she shall not be recognized as a Nauruan ship. (3) A ship required by this Act to be registered may be detained until the master, if so required, produces the certificate of registry of the ship. (4) Cabinet may exempt a ship from registry under this Act. (5) Ships not exceeding thirty ton burden and employed solely in the navigation of the coast of Nauru are exempted from registry under this Act. (6) A ship which is not required by this Act to be registered may be registered under this Act. 4 Registrar of Nauruan ships (1) The Minister shall appoint a person to be Registrar of Nauruan ships. (2) A Registrar shall not be liable to damages or otherwise for any loss accruing to any person by reason of any act done or default made by him in his character of Registrar, unless the same has happened through his neglect or wilful act. 5 Register book The Registrar shall keep a book to be called the register book, and entries in that book shall be made in accordance with following provisions: (a) The property in a ship shall be divided into sixty-four shares; (b) Subject to the provision 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 Shipping Registration Act 1968 As in force from 15 April 2011 3 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, on any share therein in respect of which they are registered; (e) a company or statutory corporation may be registered as owner by its corporate name. 6 Survey and measurement of ship Every ship shall before registry 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 such certificate shall be delivered to the Registrar before registry. 7 Marking of ship (1) Every ship shall before registry under this Act be marked permanently and conspicuously to the satisfaction of the Minister as follows: (a) her name shall be marked on each of her bows, and her name and the name of her port of registry must be marked on her stern, on a dark ground in white or yellow letters, or on a light ground in black letters, such letters to be of a length not less than four inches, and of proportionate breadth; (b) her official number and the number denoting her registered tonnage shall be cut in on her main beam; (c) a scale of feet denoting her 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 letters of figures must be marked by being cut in and painted white or yellow on a dark ground, or in such other way as the Minister approves. (2) The Minister may exempt any class of ships from all or any of the requirements of this section. Shipping Registration Act 1968 As in force from 15 April 2011 4 (3) If the scale of feet showing in the ship’s draught of water is in any respect inaccurate, so as to be likely to mislead, the owner of the ship shall be liable to a fine not exceeding two hundred dollars. (4) The marks required by this section shall be permanently continued, and no alteration shall be made therein, except in the event of any of the particulars thereby denoted being altered in the manner provided by this Act. (5) If the owner or master of a Nauruan ship neglects to cause his ship to be marked as required by this section, or to keep her so marked, or if any person conceals, removes, alters, defaces, or obliterates, or suffers any person under his control to conceal, remove, alter, deface, or obliterate any of the said marks, except in the event aforesaid, or except for the purpose of escaping capture by an enemy, that owner, master, or person shall for each offence be liable to a fine not exceeding two hundred dollars, and on a certificate from a surveyor of ships under this Act that a ship is insufficiently or inaccurately marked the ship may be detained until the insufficiency or inaccuracy has been remedied. 8 Application for registry 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 a company or statutory corporation by its agent, and the authority of the agent shall be testified by writing, if appointed by individuals, under the hands of the appointors, and, if appointed by a company or statutory corporation, under the common seal of that company or statutory corporation. 9 Declaration of ownership on registry (1) A person shall not be entitled to be registered as owner of a ship or of a share therein until he, or in the case of a company or statutory corporation the person authorised by this Act to make declarations on behalf of the company or statutory corporation, has made and signed a declaration of ownership, referring to the ship as described in the certificate of the surveyor, and containing the following particulars: (a) a statement of the time when and the place where the ship was built or, if the time and place of building is unknown, a Shipping Registration Act 1968 As in force from 15 April 2011 5 declaration that he does not know the time and place of her building; (b) if the ship has previously been registered in any country, a statement of the name or names under which she has previously been registered; (c) if the ship has been condemned, a statement of the time, place and court at and by which she was condemned; (d) a statement of the name of the master; (e) a statement of the number of shares in the ship of which he or the company or statutory corporation, as the case may be, is entitled to be registered as owner; and (f) a statement of his nationality and if he is acting as agent for a company or statutory corporation, a copy of the certificate of registration of that company or a copy of the law by which that statutory corporation was incorporated. (2) On the first registry of a ship the following evidence shall be produced in addition to the declaration of ownership: (a) 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 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, 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; (b) if the ship has been subject to any sale, the bill of sale under which the ship, or a share therein, became vested in the applicant for registry; and (c) if the ship has been condemned by any competent court, an official copy of the condemnation. 10 Entry of particulars in register book 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 the name of the port to which she belongs; (b) the details comprised in the surveyor’s certificate; Shipping Registration Act 1968 As in force from 15 April 2011 6 (c) the particulars respecting her origin stated in the declaration or 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. 11 Documents to be retained by Registrar On the registry of a ship the Registrar shall retain in his possession 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. 12 Certificate of registry 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. 13 Custody of certificate (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. (2) If any person, whether interested in the ship or not refuses on request to deliver up the certificate of registry when in his possession or under his control to the person entitled to the custody thereof for the purposes of the lawful navigation of the ship, or to the Registrar, any customs officer, or other person entitled by law to require such delivery, any justice by warrant under his hand and seal, or any court capable of taking cognizance of the matter, may summon the person so refusing to appear before such justice or court, and to be examined touching such refusal, and unless it is proved to the satisfaction of such justice or court that there was reasonable cause for such refusal, the offender shall be liable to a fine not exceeding two hundred dollars, but if it is shown to such justice or court that the certificate is lost, the person summoned shall be discharged, and the justice or court shall certify that the certificate of registry is lost. (3) If the person so refusing is proved to have absconded so that the warrant of a justice or process of a court cannot be served Shipping Registration Act 1968 As in force from 15 April 2011 7 on him, or if he persists in no delivering up the certificate, the justice or court shall certify the fact, and the same proceedings may then be taken as in the case of a certificate mislaid, lost, or destroyed, or as near thereto as circumstances permit. 14 Penalty for use of improper certificate If the master or owner of a ship uses or attempts to use for her navigation a certificate or registry not legally granted in respect of the ship, he shall, in respect of each offence, be guilty of a misdemeanour, and the ship shall be subject to forfeiture under this Act. 15 Power to grant new certificate The Registrar may, upon delivery to him of the certificate of registry of a ship, grant a new certificate in lieu thereof. 16 Provision for lost certificate (1) In the event of the certificate of registry of a ship being mislaid, lost, or destroyed then the master of the ship, or some other person having knowledge of the facts, shall make a declaration stating the facts of the case and the names and descriptions of the registered owners of the ship to the best of the declarant’s knowledge and belief and the Registrar shall thereupon grant a provisional certificate containing a statement of the circumstances under which it is granted. (2) Where the Registrar is satisfied that the certificate of registry of a ship has been mislaid, lost, or destroyed, he shall grant a new certificate of registry in lieu of her original certificate and the master shall thereupon deliver up any provisional certificate issued under this section upon receipt of the new certificate. 17 Change of master (1) Where the master of a Nauruan ship is changed the owner shall notify the Registrar of the name of the new master without delay. (2) The Registrar shall enter the change of masters in the register book and shall issue to the owner a memorandum of that entry. Shipping Registration Act 1968 As in force from 15 April 2011 8 18 Endorsement of change of ownership Whenever a change occurs in the registered ownership of a Nauruan ship the Registrar shall either retain her certificate of registry and grant a new certificate of registry containing the altered particulars of ownership, or endorse the change of ownership on her certificate of registry. 19 Delivery up of certificate of ship lost or ceasing to be registered (1) In the event of a registered ship being either actually or constructively lost, taken by the enemy, burnt, or broken up, or otherwise ceasing to be a Nauruan ship, every owner of the ship or 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, and the Registrar shall make an entry thereof in the 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 or mortgage entered therein. (2) In any such case, except where the ship’s certificate of registry is lost or destroyed, the master of the ship shall, within ten days of the day upon which the ship ceased to be a Nauruan ship, deliver up the certificate to the Registrar. (3) An owner or master of a ship who fails, without reasonable cause, to comply with the provisions of this section shall be liable to a fine not exceeding two hundred dollars. 20 Transfer of ships or shares (1) A registered ship or a share therein shall be transferred by a bill of sale. (2) The bill of sale shall be in the prescribed form, shall contain such description of the ship as is contained in the surveyor’s certificate, or some other description sufficient to identify the ship to the satisfaction of the Registrar, and shall be executed by the transferor in the presence of, and be attested by, a witness or witnesses. 21 Registry of transfer (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 Shipping Registration Act 1968 As in force from 15 April 2011 9 Registrar, 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. (2) Bills of sale of a ship or share therein shall be entered in the register book in the order of their production to the Registrar. 22 Transmission of property in ship on death, bankruptcy, marriage, etc. (1) Where the property in a registered ship or share therein is transmitted to a person on the marriage, death, or bankruptcy of any registered owner, or by any lawful means other than by a transfer under this Act the following rules shall apply: (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 takes place by virtue marriage, the declaration shall be accompanied by a copy of the register of the marriage or other legal evidence of the celebration thereof, and shall declare the identity of the female owner; (c) 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 or justice as proof of the title of persons claiming under a bankruptcy; (d) if the transmission is consequent on death, the declaration of transmission shall be accompanied by the instrument of representation or an official extract therefrom. (2) The Registrar, on receipt of the declaration of transmission so accompanied, shall enter in the register book the name of the person entitled under the transmission as owner of the ship or share the property in which has been transmitted, and, where there is more than one such person, shall enter the names of all those persons, but those persons, however numerous, shall, for the purpose of the provisions of this Act with respect to the Shipping Registration Act 1968 As in force from 15 April 2011 10 number of persons entitled to be registered as owners, be considered as one person. 23 Transfer of ship or sale by order of court Where a court orders the sale or 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 manner and to the same extent as if he were the registered owner thereof; and the 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. 24 Power of court to prohibit transfer The Supreme Court may, without prejudice to the exercise of any other power vested in it, on the application of any interested person make an order prohibiting for a time specified any dealing with a ship or share therein, and the court may make the order on any terms or conditions it thinks 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 the Registrar, without being made a party to the proceeding, shall on being served with the order or an official copy thereof obey the same. 25 Mortgage of ship or share (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 the prescribed form, and on the production of such instrument the Registrar shall record it in the register book. (2) Mortgages shall be recorded by the Registrar in the order of time in which they are produced to him for that purpose, and the Registrar shall by memorandum under his hand notify on each mortgage that it has been recorded by him, stating the day and hour of that record. 26 Entry of discharge of mortgage 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, Shipping Registration Act 1968 As in force from 15 April 2011 11 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. 27 Priority of mortgages 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. 28 Mortgagee not treated as owner 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. 29 Mortgagee to have power of sale 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. 30 Mortgagee not affected by bankruptcy 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 and 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. Shipping Registration Act 1968 As in force from 15 April 2011 12 31 Transfer of mortgages A registered mortgages of a ship or share may be transferred to any person, and the instrument effecting the transfer shall be in the prescribed form, 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 that record. 32 Transmission of interest in mortgage by death, bankruptcy, marriage, etc. (1) Where the interest of a mortgagee in a ship or share is transmitted on marriage, 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 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 or a ship or share. (2) The Registrar on the receipt of the declaration, and the production of the evidence aforesaid, shall enter the name of the person entitled under the transmission in the register book as mortgagee of the ship or share. 33 Rules as to name of ship (1) A ship shall not be described by any name other than that by which she is for the time being registered. (2) A change shall not be made in the name of a ship without the previous written permission of the Minister. (3) Application for that permission shall be in writing, and if the Minister is of the opinion that the application is reasonable he may entertain it, and thereupon require notice thereof to be published in such form and manner as he thinks fit. (4) On permission being granted to change the name, the ship’s name shall forthwith be altered in the register book, in the ship’s certificate of registry, and on her bows and stern. Shipping Registration Act 1968 As in force from 15 April 2011 13 (5) If it is shown to the satisfaction of the Minister that the name of any ship has been changed without his permission he shall direct that her name be altered into that which she bore before that change, and the name shall be altered in the register book, in the ship’s certificate of registry, and on her bows and stern accordingly. (6) Where a ship having once been registered has ceased to be so registered no person unless ignorant of the previous registry (proof whereof shall lie on him) shall apply to register, and the Registrar shall not knowingly register, the ship, except by the name which she was previously registered, unless with the previous written permission of the Minister. (7) Where a foreign ship, not having at any previous time been registered as a Nauruan ship, becomes a Nauruan ship, no person shall apply to register, and the Registrar shall not knowingly register, the ship, except by the name which she bore as a foreign ship immediately before becoming a Nauruan ship, unless with the previous written permission of the Minister. (8) If any person acts, or suffers any person under his control to act, in contravention of this section, or omits to do, or suffers any person under his control to omit to do, anything required by this section, he shall, for each offence be liable to a fine not exceeding two hundred dollars, and (except in the case of an application being made under this section with respect to a foreign ship which not having at any previous time been registered as a Nauruan ship has become a Nauruan ship) the ship may detained until this section is complied with. 34 Registry of alterations (1) Where a Nauruan ship is so altered as not to correspond with the particulars relating to her tonnage or description contained in the register book then the Registrar shall, upon application being made to him and upon receipt of a certificate from a surveyor of ships stating the particulars of the alterations, either cause the alteration to be registered, or direct that the ship be registered anew. (2) If default is made in registering anew a ship, or in registering as alteration of ship so altered as aforesaid, the owner of the ship shall be liable to a fine not exceeding two hundred dollars, and, in addition, to a fine not exceeding ten dollars for every day during which the offence continues after conviction. Shipping Registration Act 1968 As in force from 15 April 2011 14 35 Regulations for registry of alterations (1) For the purpose of the registry of an alteration in a 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. (2) The particulars of the alteration so made, and the fact of the new certificate having been granted, or endorsement having been made shall be entered by the Registrar in the register book. 36 Grant of provisional certificate of registry (1) Where the Registrar is required by this Act to endorse altered particulars on the certificate of registry of a Nauruan ship which is not in Nauruan waters, he may grant in respect of that ship a provisional certificate of registry containing the altered particulars. (2) A provisional certificate of registry shall remain in force for the period stated in the certificate, unless it is earlier withdrawn. (3) A provisional certificate of registry shall be surrendered to the Registrar on his request, and if it is not surrendered promptly the master and owner shall each be liable to a fine not exceeding two hundred dollars. 37 Registry anew on change of ownership Where the ownership of a Nauruan ship is changed the Registrar may, on application of the owners of the ship, register the ship anew although the registration anew is not required under this Act. 38 Procedure for registry anew (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 to 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. Shipping Registration Act 1968 As in force from 15 April 2011 15 (2) When a ship is registered anew, her former register shall be considered as closed, except so far as relates to any unsatisfied mortgage entered thereupon, but the names of all persons appearing on the former register to be interested in the ship as owners or mortgagees shall be entered on the new register, and the registry anew shall not in any way affect the rights of any of those persons. 39 Restrictions on re-registration of abandoned ships Where a ship has ceased to be registered as a Nauruan ship by reason of having been wrecked or abandoned or for any reason other than capture by an enemy, 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 to be seaworthy. 40 Provision for cases of infancy or other incapacity Where by reason of infancy, lunacy, or any other cause any person interested in any ship, or 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 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 if done by the person for whom he is substituted. 41 Notice of trusts not received 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. Shipping Registration Act 1968 As in force from 15 April 2011 16 42 Equities not excluded by Act 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 mortgages of a Nauruan ship, interests arising under contract or other equitable interests may be enforced by or against the owners and mortgagees of ships in respect of their interest therein in the same manner as in respect of any other personal property. 43 Liability of owners 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 there in, 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. 44 Ship’s managing owner or manger to be registered (1) The name and address of the managing owner for the time being of every Nauruan ship shall be notified to the Registrar, who shall record it. (2) Where there is not a managing owner there shall be so registered the name of the ship’s husband or other person to whom the management of the ship is entrusted by or on behalf of the owner; and any person whose name is so registered shall, for the purposes of this Act be under the same obligations, and subject to the same liabilities, as is if he were the managing owner. (3) If default is made in complying with this section the owner shall be liable, or, if there are more owners than one, each owner shall be liable in proportion to his interest in the ship, to a fine not exceeding in the whole two hundred dollars. Shipping Registration Act 1968 As in force from 15 April 2011 17 45 Power of registrar to dispense with declarations and other evidence When under this Act any person is required to make a declaration on behalf of himself or of any company or statutory corporation, 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 Minister, and on the production of such other evidence, and subject to such terms as they may think fit, dispense with the declaration or evidence. 46 Mode of making declarations (1) A declaration required by this Act shall be made before the Registrar, a judge or magistrate or any other person authorised by law to take declarations at the place where the declaration is made. (2) Declarations required by this Act may be made on behalf of a company or statutory corporation by the secretary or any other officer of the company or statutory corporation authorised by it under seal for the purpose. 47 Evidence of register book, certificate of registry, and other documents (1) A person, upon payment of the prescribed fee, may, on application to the Registrar, at a reasonable time during the hours of his official attendance, inspect the register book. (2) The following documents shall be admissible in evidence in the manner provided by this Act, 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; (c) an endorsement on a certificate of registry purporting to be signed by the Registrar; and (d) every declaration made in pursuance of this Act in respect of a Nauruan ship. Shipping Registration Act 1968 As in force from 15 April 2011 18 (3) A copy or transcript of the register of Nauruan ships kept by the Registrar under direction or the Minister shall be admissible in evidence in the manner provided by this Act and have the same effect to all intents as the original register of which it is a copy or transcript. 48 Forms of documents and instructions as to registry (1) The several instruments and documents specified in the First Schedule to this Act shall be in the form prescribed by the Minister or as near thereto as circumstances permit. (2) The Registrar shall not register an instrument or document specified in the First Schedule to this Act unless it contains the particulars required by the prescribed form, but he may, with the consent of the Minister, register that instrument or document if the Minister, in the circumstances of the case, directs him so to do. (3) The Minister may direct the Registrar 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 referring to him any questions involving doubt or difficulty, and generally as to any act or thing to be done by him pursuant to this Act. 49 Forgery of documents 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, the register book, or any 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 in respect of each offence be guilty or felony. 50 False declarations If any person in the case of any declaration made in the presence of or produced to the Registrar under this Act, or in any document or other evidence produced to the Registrar: (a) wilfully makes, or assists in making, or procures to be made, any false statement concerning the title to or Shipping Registration Act 1968 As in force from 15 April 2011 19 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 the same to be false, he shall, in respect of each offence, be guilty of a misdemeanour. 51 National character of a ship to be declared before clearance (1) A customs officer shall not grant a clearance or transire for any ship until the master of such ship has declared to that officer the name of the nation to which he claims that she belongs, and that officer shall thereupon inscribe that name on the clearance or transire. (2) If a ship attempts to proceed to sea without such clearance or transire, she may be detained until the declaration is made. 52 Penalty for unduly assuming Nauruan character (1) If a person uses a Nauruan flag and assumes the Nauruan national character on board a ship not registered in Nauru, for the purpose of making this ship appear to be a Nauruan 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. (2) In any proceeding for enforcing any such forfeiture, the burden of proving the title to use the Naurun flag and to assume the Nauruan national character shall lie upon the person using and assuming the same. 53 Penalty for concealment of Nauruan or assumption of foreign character If the master or owner of a Nauruan ship does anything or permits anything to be done, or carries or permits to be carried any papers or documents, with intent to conceal the Nauruan character of the ship from any person entitled by Nauruan law to inquire into the same, or with intent to deceive any person so entitled as aforesaid, 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. Shipping Registration Act 1968 As in force from 15 April 2011 20 54 National colours for ships and penalty on carrying improper colours (1) Cabinet may, by regulation, prescribe a flag to be worn by Nauruan ships. (2) If any distinctive national colours, except the Nauruan flag, is used on board a Nauruan ship without the permission of Cabinet, the master of the ship, or the owner thereof if he be on board, and every other person using these colours shall for each offence incur a fine not exceeding two hundred dollars. 55 Penalty on ship not show-colours (1) A Nauruan ship shall use the Nauruan flag on entering and leaving any port. (2) Where a ship does not comply with the last preceding sub section, the master of the ship shall for each offence be liable to a fine not exceeding two hundred dollars. 56 Rules for ascertaining register tonnage (1) The tonnage of every ship to be registered, with the exceptions hereinafter mentioned, shall, previously to her being registered, be ascertained by Rule I in the Second Schedule to this Act, and the tonnage of every ship to which that Rule I can be applied, whether she is about to be registered or not, shall be ascertained by the same rule. (2) Ships which, requiring to be measured for any 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 said Schedule, and the owner of any ship measured under Rule II may at any subsequent period apply to the Minister to have the ship re-measured under Rule I, and the Minister may thereupon, upon payment of such fee as he may authorise, direct a ship to be re-measured 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 ship ascertained as aforesaid. Shipping Registration Act 1968 As in force from 15 April 2011 21 (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 said Schedule shall be observed. (6) Throughout the rules in the Second Schedule to this Act, the tonnage deck shall be taken to be the upper deck in ships which have less than three decks, and to be the second deck from below in all other ships, and in carrying those rules into effect all measurements shall be taken in feet and fractions of feet shall be expressed in decimals. (7) The Minister may make such modifications and alterations as from time to time become necessary in the rules in the Second Schedule to this Act for the purpose of the more 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 in this Act referred to as the tonnage Regulations of this Act. 57 Allowance for engine room space in steam ships (1) In the case of any ship propelled by steam or other power requiring engine room, an allowance shall be made for the space occupied by the propelling power, and the amount so allowed shall be deducted from the gross tonnage of the ship ascertained in the last preceding section mentioned, and the remainder shall, (subject to any deductions hereinafter mentioned) be deemed to be the register tonnage of the ship, and that deduction shall be estimated as follows: (a) as regards ships propelled by paddle wheels in which the tonnage of the space solely occupied by an 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 deductions shall, if the Minister and the owner both agree thereto, be estimated in Shipping Registration Act 1968 As in force from 15 April 2011 22 the same manner; but either may in 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 ships propelled by screws of three-fourths of the tonnage of the space; and in the case of ships propelled by screws, the contents of the shaft trunk shall be added to and deemed to form part of the space; and the measurement of the space shall be governed by Rule III in the Second Schedule to this Act. (2) The amount allowed under the last preceding subsection for deduction from the gross tonnage shall not, except in the case of ships exclusively employed as tugs, exceed fifty–five per cent of the tonnage which remains after deducting from the gross tonnage calculated under the last preceding section any deductions allowed under the next succeeding section. (3) Such portion of the space above the crown of the engine room and above the upper deck as is framed in for the machinery or for the admission of light and air shall not be included in the measurement of the space occupied by the propelling power, except in pursuance of a request in writing to the Minister by the owner of the ship, but shall not be included in pursuance of that request unless: (a) that portion is first included in the measurement of the gross tonnage; and (b) a surveyor of ships certifies that the portion so framed in is reasonable in extent and is so constructed as to be safe and seaworthy, and that it cannot be used for any purpose other than the machinery or for the admission of light and air to the machinery or boilers of the ship. (3) Goods or stores shall not be stowed or carried in any space measured for propelling power, and if the same are so carried in any ship, the master and owner of the ship shall each be liable to a fine not exceeding two hundred dollars. Shipping Registration Act 1968 As in force from 15 April 2011 23 58 Deductions for ascertaining tonnage (1) In measuring or re–measuring a ship for the purpose of ascertaining her register tonnage, the following deductions shall be made from the space included in the measurement of the tonnage, namely: (a) in the case of any ship: (i) any space used exclusively for the accommodation of the master; and any space occupied by seamen or apprentices and appropriated to their use, which is certified under the Third Schedule to this Act with regard thereto; (ii) any space used exclusively for the working of the helm, the capstan, and the anchor gear, or for keeping the charts, signals, and other instruments of navigation, and boatswains stores; (iii) the space occupied by the donkey engine and boiler if connected with the main pumps of the ship; and (iv) any space (other than a double bottom) adapted only for water ballast; and (b) in the case of a ship wholly propelled by sails, any space set apart and used exclusively for the storage of sails. (2) The deductions allowed under this section, other than a deduction for a space occupied by seamen or apprentices, and certified as aforesaid, shall be subject to the following provisions, namely: (a) the space deducted must be certified by a surveyor of ships as reasonable in extent and properly and efficiently constructed for the purpose for which it is intended; (b) there must be permanently marked in or over every such space a notice stating the purpose to which it is to be applied and that whilst so applied it is to be deducted from the tonnage of the ship; (c) the deduction on account of space for storage of sails must not exceed two and a half per cent of the tonnage of the ship. 59 Ships with double bottoms In the case of a ship constructed with a double bottom for water ballast, if the space between the inner and other plating thereof Shipping Registration Act 1968 As in force from 15 April 2011 24 is certified by a surveyor of ships to be not available for the carriage of cargo, stores, or fuel, then the depth required by the provisions of Rule I relating to the measurement of transverse areas shall be taken to be the upper side of the inner plating of the double bottom, and that upper side shall, for the purposes of measurement, be deemed to represent the floor timber referred to in that Rule. 60 Tonnage once ascertained to be the tonnage of ship 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 re–measured, and her tonnage determined and registered according to the tonnage reulations of this Act. 61 Surveyors of ships The Minister may, at such ports as he thinks fit, appoint either generally or for special purposes and on special occasion persons to be surveyors of ships for the purposes of this Act. 62 Regulations for measurement of ship (1) All duties in relation to the survey and measurement of ships shall be performed by surveyors of ships under this Act in accordance with the directions of the Minister. (2) The Minister may prescribe the maximum fees to be paid in respect of the survey for measurement of a ship under this Act. 63 Penalties for Offences (1) An offence under this Act declared to be a misdemeanour shall be punishable by imprisonment for a term not exceeding six months or a fine not exceeding two hundred dollars, or both. (2) An offence under this Act declared to be a felony shall be punishable by imprisonment for a term not exceeding five years or a fine not exceeding two thousand dollars, or both. Shipping Registration Act 1968 As in force from 15 April 2011 25 64 Service of documents (1) Where for the purposes of this Act any document is to be served on any person, that document may be served: (a) in any case by delivering a copy thereof personally to the person to be served, or by leaving the same at his last place of abode; and (b) if the document is to be served on the master of a ship, where there is one, or on a person belonging to a ship, by leaving the same for him on board that ship with the person being or appearing to be in command or charge of the ship; and (c) if the document is to be served on the master of a ship, where there is no master, and the ship is in Nauru, on the managing owner of the ship, or if there is no managing owner, on some agent of the owner residing in Nauru, or where no such agent is known or can be found, by affixing a copy thereof to the mast of the ship. (2) If a person obstructs the service on the master of a ship of any document under the provisions of this Act relating to the detention of ships as unseaworthy, that person shall for each offence be liable to a fine not exceeding twenty dollars, and if the owner or master of the ship is party or privy to the obstruction, he shall in respect of each offence be guilty of a misdemeanour. 65 Proof etc. of exemption Any exception, exemption proviso, excuse, or qualification in relation to any offence under this Act, whether it does or does not accompany in the same section the description of the offence, may be proved by the defendant, but need not be specified or negatived, in any information or complaint, and, if so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant. 66 Regulations (1) Cabinet may make regulations prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Act, including rules: (a) prescribing rules for the safety of ships, seamen and passengers at sea; Shipping Registration Act 1968 As in force from 15 April 2011 26 (b) prohibiting ships which do not comply with those rules from going to sea; (c) prescribing penalties not exceeding two hundred dollars, or imprisonment for six months, or both for offences against the regulations; and (d) prescribing fees to be paid upon making application under this Act or the regulations. (2) An application under this Act or the regulations shall be accompanied by the prescribed fee (if any). Shipping Registration Act 1968 As in force from 15 April 2011 27 FIRST SCHEDULE section 48(1) Bill of Sale Mortgage Certificate of Surveyor Declaration of ownership by individual owner Declaration of ownership on behalf of a company as owner Declaration of ownership on behalf of a statutory corporation as owner Certificate of Registry Provisional Certificate Declaration of owner taking by transmission Declaration of mortgagee taking by transmission Shipping Registration Act 1968 As in force from 15 April 2011 28 SECOND SCHEDULE – MEASUREMENT OF TONNAGE Section 56(1), (6) and (7) and 57(1)(b) Rule I. (1) Measure the length of the ship in a straight line along the upper side of the tonnage deck from the inside of the inner plank (average thickness) at the side of the stem to the inside of the midship stern timber or plank there, as the case may be (average thickness), deducting from this length what is due to the rake of the bow in the thickness of the deck, and what is due to the rake of the stern timber in the thickness of the deck, and also what is due to the rake of the stern timber in one third of the round beam; divide the length so taken into the number of equal parts required by the following table, according to the class in such table to which the ship belongs: TABLE. Class 1. Ships of which the tonnage deck is according to the above measurement 50 feet long or under, into 4 equal parts: Class 2. Ships of which the tonnage deck is according to the above measurement above 50 feet long and not exceeding 120, into 6 equal parts: Class 3. Ships of which the tonnage deck is according to the above measurement above 120 feet long and not exceeding 180, into 8 equal parts: Class 4 Ships of which the tonnage deck is according to the above measurement above 180 feet long and not exceeding 225, into 10 equal parts: Class 5. Ships of which the tonnage deck is according to the above measurement above 225 feet long, into 12 equal parts: Shipping Registration Act 1968 As in force from 15 April 2011 29 (2) Then the hold being first sufficiently cleared to admit of the required depths and breadths being properly taken, find the transverse area of the ship at each point of division of the length as follows: Measure the depth at each point of division, from a point at a distance of one-third of the round of the beam below the tonnage deck, or, in case of a break, below a line stretched in continuation thereof, to the upper side of the floor timber at the inside of the limber strake, after deducting the average thickness of the ceiling which is between the bilge planks and limber strake (subject, however, to the provisions of this Act in the case of a ship constructed with a double bottom for water ballast); then if the depth at the midship division of the length do not exceed sixteen feet, divide each depth into four equal parts; then measure the inside horizontal breadth at each of the three points of division, and also at the upper and lower points of the depth, extending each measurement to the average thickness of that part of the ceiling which is between the points of measurement; number these breadths from above (i.e., numbering the upper breadth one, and so on down to the lowest breadth); multiply the second and fourth by four, and the third by two; add these products together, and to the sum add the first breadth and the fifth; multiply the quantity thus obtained by one-third of the common interval between the breadths, and the product shall be deemed the transverse area; but if the midship depth exceed sixteen feet, divide each depth into six equal parts instead of four, and measure as before directed the horizontal breadths at the five points of division, and also at the upper and lower points of the depth; number them from above as before; multiply the second, fourth, and sixth by four, and the third and fifth by two; add these products together, and to the sum add the first breadth and the seventh; multiply the quantity thus obtained by one third of the common interval between the breadth, and the product shall be deemed the transverse area. (3) Having thus ascertained the transverse area at each point of division of the length of the ship as required by the above table, proceed to ascertain the register tonnage under the tonnage deck in the following manner:- Number the areas respectively 1, 2, 3 etc., No. 1 being at the extreme limit of the length at the bow, and the last No. at the extreme limit at the length at the stern; then, whether the length be divided according to the table into four or twelve parts as in classes 1 and 5, or any intermediate number as in classes 2, 3, and 4, multiply the second and every even numbered area by four, and the third and every odd numbered area (except the first and last) by two; add these products together, and to the sum add the first and last if they yield anything; multiply the quantity thus obtained by one-third of the common interval between the areas, and the product will be the cubical contents of the space under the tonnage deck, divide this product by one hundred, and the quotient, Shipping Registration Act 1968 As in force from 15 April 2011 30 being the tonnage under the tonnage deck, shall be deemed to be the register tonnage of the ship subject to any additions and deductions under this Act. (4) If the ship had a third deck, commonly called a spar deck, the tonnage of the space between it and the tonnage deck shall be ascertained as follows:-Measure in feet the inside length of the space at the middle of its height from the plank at the side of the stem to the lining on the timbers at the stern, and divide the length into the same number of equal parts into which the length of the tonnage deck is divided as above directed; measure (also at the middle of its height) the inside breadth of the space at each of the points of division, also the breadth at the stem and the breadth at the stern; number them successively 1, 2, 3 etc., commencing at the stem; multiply the second and all the other even numbered breadths by four, and the third and all other odd numbered breadths (except the first and last) by two; to the sum of these products add the first and last breadths; multiply the whole sum by one-third of the common interval between the breadths and the result will give in superficial feet the mean horizontal area of space; measure the mean height of the space, multiply by it the mean horizontal area, and the product will be the cubical contents of the space; divide this product by one hundred and the quotient shall be deemed to be the tonnage of the space and shall be added to the tonnage of the ship ascertained as aforesaid. If the ship has more than three decks, the tonnage of each space between decks above the tonnage deck shall be severally ascertained in manner above described, and shall be added to the tonnage of the ship ascertained as aforesaid. (5) If there be a break, a poop, or any other permanent closed-in space on the upper deck, available for cargo or stores, or for the berthing or accommodation of passengers or crew, the tonnage of that space shall be ascertained as follows:- Measure the internal mean length of the space in feet, and divide it into two equal parts; measure at the middle of its height three inside breadths, namely, one at each end and the other at the middle of the length; then to the sum of the end breadths add four times the middle breadth, and multiply the whole sum by one-third of the common interval between the breadths, the product will give the mean horizontal area of the space; then measure the mean height, and multiply by it the mean horizontal area; divide the product by one hundred, and the quotient shall be deemed to be the tonnage of the space, and shall be added to the tonnage under the tonnage deck ascertained aforesaid. Provided that no addition shall be made in respect of any building erected for the shelter of deck passengers and approved by the Board of Trade. Shipping Registration Act 1968 As in force from 15 April 2011 31 Rule II. (1) Measure the length on the uppermost deck from the outside of the outer plank at the stem to the aftside of the stern post, deducting therefrom the distance between the aftside of the stern post and the rabbet of the stern post at the point where the counter plank crosses it; measure also the greatest breadth of the ship to the outside of the outer planking or wales, and then, having first marked on the outside of the ship on both sides thereof the height of the upper deck at the ship's sides, girt the ship at the greatest breadth in a direction perpendicular to the keel from the height so marked on the outside of the ship on the one side to the height so marked on the other side by passing a chain under the keel; to half the girth thus taken add half the main breadth; square the sum; multiply the result by the length of ship taken as aforesaid; then multiply this product by the factor .0018 (eighteen ten-thousandths) in the case of ships built of wood, and .0021 (twenty-one ten-thousandths) in the case of ships built of iron, and the product shall be deemed the register tonnage of the ship, subject to any additions and deductions under this Act. (2) If there be a break, a poop, or other closed-in space on the upper deck, the tonnage of that space shall be ascertained by multiplying together the mean length, breadth, and depth of the space, and dividing the product by 100 and the quotient so obtained shall be deemed to be the tonnage of the space, and shall be added to the tonnage of the ship ascertained as aforesaid. Rule III (i) Measure the mean depth of the space from its crown to the ceiling at the limber strake, measure also three, or, if necessary, more than three breadths of the space at the middle of its depth, taking one of those measurements at each end, and another at the middle of the length; take the mean of those breadths; measure also the mean length of the space between the foremost and aftermost bulkheads or limits of its length, excluding such parts, if any, as are not actually occupied by or required for the proper working of the machinery; multiply together these three dimensions of length, breadth, and depth, divide the product by 100 and the result shall be deemed the tonnage of the space below the crown; then find the cubical contents of the space or spaces, if any, above the crown aforesaid, which are framed in for the machinery or for the admission of light and air, by multiplying together the length, depth, and breadth thereof; add such contents to the cubical contents of the space below the crown; divide the sum by 100; and the result shall (subject to the provisions herein-after contained) be deemed to be the tonnage of the space. Shipping Registration Act 1968 As in force from 15 April 2011 32 (ii) If in any ship in which the space for propelling power is to be measured the engines and boilers are fitted in separate compartments, the contents of each shall be measured severally in like manner according to the above rules, and the sum of their several results shall be deemed to be the tonnage of the said space. (iii) In the case of screw steamers in which the space for propelling power is to be measured, the contents of the shaft trunk shall be ascertained by multiplying together the mean length, breadth, and depth of the trunk, and dividing the product by 100. (iv) If in any ship in which the space aforesaid is to be measured any alteration to be made in the length or capacity of the spaces or if any cabins be fitted in the space, the ship shall be deemed to be a ship not registered until remeasurement. Rule IV. In ascertaining the tonnage of open ships the upper edge of the upper strake is to form the boundary line of measurement, and the depths shall be taken from an athwart ship line extended from upper edge to upper edge of the said strake at each division of the length. Shipping Registration Act 1968 As in force from 15 April 2011 33 THIRD SCHEDULE – REGULATIONS TO BE OBSERVED WITH RESPECT TO ACCOMMODATION ON BOARD SHIPS. Section 58(1)(a)(i) (1) Every place in a ship occupied by seamen or apprentices, and appropriated to their use, shall be securely constructed, properly lighted and ventilated, properly protected from weather and sea, and as far as practicable properly shut off and protected from effluvium which may be caused by cargo or bilge water. (2) A place so occupied and appropriated as aforesaid shall not authorise a deduction from registered tonnage under the tonnage regulations of this Act unless there be in the ship properly constructed privies for the use of the crew, of such number and of such construction as may be approved by the surveyor of ships. (3) Every place so occupied and appropriated as aforesaid shall, whenever the ship is registered or re-registered, be inspected by one of the surveyors of ships under this Act, who shall, if satisfied that the same is in all respects such as is required by this Act, give to the Registrar a certificate to that effect, and if the certificate is obtained, but not otherwise, the space shall be deducted from the register tonnage. (4) No deduction from tonnage as aforesaid shall be authorised unless there is permanently cut in a beam, and cut in or painted on or over the doorway or hatchway of every place so occupied and appropriated, the number of men which it is constructed to accommodate, with the words ‘Certified to accommodate seamen.’ (5) Upon any complaint concerning any place so occupied and appropriated as aforesaid, a surveyor of ships may inspect the place, and if he finds that any of the provisions of this Act with respect to the same are not complied with he shall report the same to the Registrar, and thereupon the registered tonnage shall be altered, and the deduction aforesaid in respect of space disallowed, unless and until it be certified by the surveyor, or by some other surveyor of ships, that the provisions of this Act in respect of the place are fully complied with. As in force from 15 April 2011 34 Notes for Shipping Registration Act 1968 Table of Constituent Legislation Short title Number Certification Commencement Registration of Shipping Act 1968 1968/07 12.7.1968 12.7.1968 Statute Law Revision Act 2011 2011/08 15.04.2011 15.04.2011 Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted om = omitted os = omitted and substituted Provision affected How affected Section 1 Rs. by Act 2011/08. Section 2 Am. by Act 2011/08.