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MERCHANT SHIPPING ACT 1894 - SECT 15

Custody of certificate.

15.(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 any registrar, officer of customs, 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 cognisance 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 [#200], 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 on him, or if he persists
in not 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.


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© 1894 Crown Copyright

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