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MERCHANT SHIPPING ACT 1894 - SECT 27

Transmission of property in ship on death, bankruptcy, marriage, &c.

27.(1) Where the property in a registered ship or share therein is transmitted
to a person qualified to own a British ship on the marriage, 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 takes place by virtue of 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 of 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 such persons, but those persons, however numerous, shall, for
the purpose of the provision of this Act with respect to the number of persons
entitled to be registered as owners, be considered as one person.


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© 1894 Crown Copyright

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