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MERCHANT SHIPPING ACT 1894 - SECT 28

Order for sale on transmission to unqualified person.

28.(1) Where the property in a registered ship or share therein is transmitted
on marriage, death, bankruptcy, or otherwise to a person not qualified to own
a British ship, then

if the ship is registered in England or Ireland, the High Court; or

if the ship is registered in Scotland, the Court of Session; or

if the ship is registered in any British possession, the court having the
principal civil jurisdiction in that possession; or

if the ship is registered in a port of registry established by Order in
Council under this Act, the British court having the principal civil
jurisdiction there;

(2) The court may require any evidence in support of the application they
think requisite, and may make the order on any terms and conditions they think
just, or may refuse to make the order, and generally may act in the case as
the justice of the case requires.

(3) Every such application for sale must be made within four weeks after the
occurrence of the event on which the transmission has taken place, or within
such further time (not exceeding in the whole one year from the date of the
occurrence) as the court allow.

(4) If such an application is not made within the time aforesaid, or if the
court refuse an order for sale, the ship or share transmitted shall thereupon
be subject to forfeiture under this Act.

© 1894 Crown Copyright

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