Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697812629397.pdf (Nauru)
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: ,~' _­ s. 2.. Ln--tM/2 Act, ted as the Registration of Shi:8j2ing f contrary intention appe~rs'- "bankruptcy" inCludes insolvency; 1.

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'J;".liP: fegi~tered under this , [it " .4 Ii , " '1"­ ..A!bt:_ I--~--l---- ---------=if,'F"-"-, ..-" - ' - - - - - - - - - - - ­ descriptioh,of vessel on water and not propellep.

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!sury.eyor_of _ships" means_a_ .

!i ,:p:erson a pointed under section 61 of ~ ,11 41 -rlpiS Act as' a surveyor-of ships;~ tl1'he;*iniste H means the Ivll.nister of the Cabinet iesponsi Ie for t~e bUSiness!
of Industry , [ d Development; "the Nauruan lag lr means the flag prescribed k~t Cabin t under secti9n 54 pf thiS~Act; and ilI, "t}l'e !~egistr r" means the Registrar of Nauruan ointed under section 4 of this Act.

ItI s:l!lips '"j 3.,.(1.)

j , r ·r, i E'l~;r'y~ ship W olly owned by !

(a~) a Naururn citizen; (b') a compa):'ly ;registered in Nauru; or l I ·a statutory corporation incorporated by a " ~aw in force in Nauru I \1 ,I 'I!
ObI to 11:" ,I, 'I',h' n' ­ - 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~ 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 Ghip which is not required by this Act to be registered may be registered under this Act.

The Minister shall appoint a person to be Registrar of Nauruan ships.
A. Registrar sl1al1 not be liable to damages or otherwise for any loss accruing to any person by reason of any a.ct done or default made by hin in ,j his character of Registrar, unless the same has happened through his neglect or \nlful act; Register Book.

.5.
The Registrar shall keep a book to be called the register book, and entries in that book shall be made in accordance viith the following provisions:­ (a) The property in a ship shall be divided into sixty-four shares; (b) Subject to the provisions 01 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 ~hip; but this rule shall not affect the beneficial 3 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 tllGrein in respect of which they are registered; (e) A company or statutory corporation may be registered as ovmer by its corporate name.­ Survey and 6 • _~lIeetsure1hent .
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~ Marking of 7" -(1.)
Every ship shall before registry under this Ship.
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 nane and the name of her port of registry must be marked on her stern, on a dark ground in white or yellow letters, or I on a light ground in black letters, such letters to be of a length not less than four - 4 ­ inches, and of proportionate breadth; 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 of figures to coincide with the draught line denoted thereby, and those letters or 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 ro1Y of the reqUirements of this section~ (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, thG owner of the ship shall be liable to a fine not exceeding two hundred dollars.
(4~J 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.)
(5.)

If the OVnler 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 ovmer, master, or person shall for each ; .

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­ ., -5­ 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.
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 a statutory corporation, under the common seal of that company or statutory corporation .
Application for Registry.

.. til .1, "," ,j,,,Declaration 9.-(1.)

A person shall not be entitled to be registered ~, & ··of- owner­ ship on Registry.
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 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; .- .
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., ~j - -6­ (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 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 built9 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 shiP9 or a share therein; became vested in the applicant for registry; and (c) If the ship ha.s been condemned by any competent court, an official copy of the condemnation.

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Entry of l?articulars i~ Register BQo"k~ ....5' ..... - 7 ­ 10"; 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 sb1p:­ (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; (c) the particulars respecting her origin stated in the declaration of ovvnership; 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 II": On the registry of a ship the Registrar shall retain be !retained ' by Registrar.

in his possession the surveyor's certificate, the j,!'

builder's certificate, any bill of sale of the ship previously made, the copy of the condemnation (if any), and all declarations of oVnlership.

Oertificate' 12.

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

Oustody of .

13.-(1.)

The certificate of registry shall be used only Oertificate.

for the lawful navigation of the ship, and shall I ~~: ?

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-, 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 ---~- - 8 ­ 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 cuctOD8 officer; or ether person entitled by law to require such delivery, any justice by 'llarrant 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 touclnng such refusal, 2nd 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 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 '\\ \ .. .r­~ 1: iC !.

destroyed, or as near thereto as circumstances permit.

~ Penalty for 14.
~ Penalty for 14.

If the master or OVnler of a ship uses or attempts ~ Use of to use for her navigation a cer 1 1ca e or registry t'f' t Improper Certificate .. not legally granted in respect of the ship, he shall, in respect of each offence, be guilty of a misdemeanor, and the ship shall be subject to - 9 ­ forfeiture under this Act.

Power to Grant'New ~ Certificate.

15.
The Rogistrar may, upon delivery to him of the certificate of registry of a ship, grant a new certificate in lieu thereof; Provision 16.-(1,) In the event of the certificate of registry of for Lost Certificate, a ship being mislaid, lost, or destroyed then the master of the ship, or some other person having knowledge of the facts, sh8,ll 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.

Change" of Master.

17.-(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.)
(2.)

The Registrar shall enter the change of masters in the register book and shall ~ssue to the OValer a memorandum of that entry.

Endorsement 18.

Whenever a change occurs in the registered t of Change :,.. of Ovmer- ship.

oValership of a Nauruan ship the Rogistrar shall either retain her certificate of registry and - 10 ­ grant a new certificate of registry containing the altered particulars of ovmership, or endorse the change of o~vnership on her certificate of registry.
Delivery up 19.-( 1;") of Certificate of Ship lost or ceasing to be Registered~" In the event of ~;, registered ship being either actually or constructively lost, taken by the enemy, burnt, or broken up, or othe~vise 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 of 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 fai~s 'I vii thout reasonable cause, to comply vlith the provisions of this section shall be liable to a fine not exceeding two hundred dollars."

Transfer of 20.-(1";) Ships or Shares.


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 l s - 11 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 vdtnesses~ Registry of Transfer.
"21,-(1'-) Every bill of sale for the transfer of a registered ship or of a share therein g when duly executed, shall be produced to the Registrar, with the declaration of transfer, end 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.

Transmission22.-(I-; ) of Property in Ship on Death, Bankruptcy, Marriage, etc.

vVhere the property in a registered ship or share therein is transmitted to a person on the marriage, death, or bankruptcy of any registered ovmer?
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 i' .

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- ­ ", - 12 ­ 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 suoh evidenoe as is for the time being receivable in oourts o~ justice as proof of the title of persons claiming under a bankruptcy.
(d) If thG transmission is consequent on death, the declaration of transmission shall be accompanied by the instrument of representation ~ ..,-" or an official extraot therefrom'~ (2,) The Registrar t 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 OVlner of the ship Qr share the property in which has been transmitted 9 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 number of persons entitled to be registered as o\v.ners, be considered as one person.

_ Transfer of 23.

Where a court orders the sale of any ship or share ~ "'"- Ship or sale by Order of therein, the order of the court shall contain a ~ Court.'
.~ declaration vesting in some person named by the 13 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 vlere the registered ovmer 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.

Power of Court to Prohibit· Transfer.

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~ ~, 24.
The Supreme Court may, without prejudice to the exercise of any other power veoted in itt on the application of any interested person make an order prohibiting for a time specified any dealing vrith 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 sGrved with the order or an official copy thereof obey the same'.
Mortgage of 25.-(1~') A registered ship or a share therein may be made Ship or Share.

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, - 14 ­ stating the day and hour of that record.
Entry of .1 ..., Discharge of Mortgage~ 26 • Where a registerea mortgage is discharged, the Registrar shall, on the production of the mortgage deed, vIith 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 bei~ 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 om·~· If there are more mortgages than one registered in Mortgages~ 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 28~ Except as far as may be necessary for making a mortgaged not Treated as Owner~ ship or share available as a security for the mortgage debt, the mortgagee shall not by reason of the mortgage be deemed tt.e ovmer of the ship or share, nor shall the mortgagor be deemed to have ceased to be ovmer thereof.
Mortgagee 29; Every registered mortgagee shall have power absolutely to have "'Power of to dispose of the ship or share in respect of which he sale.

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 co~rt of competent jurisdiction, sell the ship or share, \rithout the concurrence of every prior mortgagee.

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- 15 ­ cfoiMortgagee 30~' A registered mortgage of a ship or share shall not be not Affected .

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,.~,by ..... Bankruptcy.
affected by any act of bankruptcy committed by the mortgagor after the date of the record of the mortgage, notvrithstanding that the mortgagor at the commencement of his bankruptcy had the ship or share in his possessio~ order, or disposition;' or was reputed ovmer 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 31'~' A registered mortgage of a ship or share may be Mortgages; 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 en the instrument of transfer that it has been recorded by him, stating the day and hour of that record'~' 32'--(1'~') Where the interest of a mortgagee in a ship or Trans­ mission of Interest in Mortgage by Death, Bankruptcy, Marriage, etc~' i share is transmitted on marriage t death, or bankruptcYt 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 mann~r 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 ovv.nership of a ship or share.
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(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.'

Rules as to Name of Ship~ , , v 33;-(1.)

A ship shall not be described oy any name other than that by which she is for the time being f ~ 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 t in the ship's certificate of registry, and on her bows and stern" (5.)
If it is shovf.U 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 the change, and the name shall be altered in the register book, in the ship's certificate of registrYt and on her bows and stern accordingly.

(6.)
'~ere a ship having once been registere~ 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 - 17 ­ the Registrar shall not knowingly register, the ship, except by the name by which she was previously registered, unless with the previous writte~ permission of the Minister; 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 knmrlngly 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 Registry of·34.-(1~) Alterations~ • a fine not exceeding ~vo hundred dollars, and (except in the case of an application being made under this section vdth 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 be detained until this section is complied wi th'~' ~1here a Nauruan ship is so altered as not to correspond ,nth the particulars relating to her tonnage or description contained in the register book then the Registrar shull, upon application being made to him and upon receipt of ' a certificate from a surveyor of ships stating the particulars of the alterations, either caune the alteration to be registered, or direct that the ship be registered anew.
- 18 ­ .. (2 .. ) If default is made in registering anew a ship, or in registering an alteration of a ship so altered as aforesaid, the O'Ivner 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.

Regulations 35;-(1,.)

For the purpose of the registry of an alteration for Registry of Alterat:"'!'

ions.'
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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 memor~~dum 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.

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..­ '" )' 36.-(1.)


Vfhere the Registrar is required by this Act to Grant of Provisional Certificate" of Registry, endorse altered particulars on the certificate of registry of a Nauruan ship which is not in Hauruan ...vaters, 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 w2thdrawn.

(3.)
(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 oymer shall each be liable to a fine not exceeding tvvo hundred dollars" !

Ii ,- " '": ~Registry a :Anew on ::'Change of" • 0 ,..~.

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Procedure for Registry Anew.

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- 19 ­ 37 ~ Where the ovmership of a Nauruan ship is changed the Registrar may, on application of the ovmers of the ship, register the ship anew although the registration anew is not required under this Act.

38";-(1.)

Vfuere 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, end on the other requisites to registry?
or in the case of a change of ownership such of then as he thinks material, being duly complied with, shall make such registry anew, and grant a certificate thereof: (2~) When a ship is registered anew, her former register shall be considered as closed, except DO 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 sbip as ovmers 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.
Restrict­ ions on Re- Regist­ ration of Abandoned Ships.

39.

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 soaworthy, Provision for Cases ... of Infancy ~~.

or other Incapacity.

40.
Vfuere by reason of infancy, lunacy, or any other cause any person interested in any ship, or share therein, is incapable of m~~ing 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 - 20 ­ guardian or committee, if any, of that person, or, if there is none, any person appointed on application made on behalf of the incRpable 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.
Notice of Trusts not Received. ""

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Equities Not Excluded by Act.

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41, 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 n 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.
42~ 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 \vi thout 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 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.
- 21 ­ Liability' 43. vVhere any person is beneficially interested, otherwise of O\vners.

than by way of mortgage, in any ship or share in a !
ship registered in the name of some other person as oViller, 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~ vdth or vdthout joining the other of them; 44.-(1;) Ship's Managing Owner or Manager to be Registered.
The name and address of the managing OViller 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 OViller 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 if he were the managing ovmer~ (3 9 ) If default is made in complying with this section the ovmer 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 & !
fine not exceeding in the whole two hundred dollars.

Power of Registrar to Dispense with Declarations and other Evidence.

.. 45.
.. 45.

When under this Act any person is required to make a declaration on behalf of hinself 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 • - 22 ­ cause that person is unable to make the declaration, or tb~t the evidence cannot be produce~, the Registrar may, vi th the approv!
?l of the IHnister, and on the production of such other evidence, and subject to such terms as they may think fit, di spense i'li th the declaration or evidence.

Mode of rJlalting Declarations.

46.-(1.)

A declaration required by this Act ch~ll be made before the Registrar, a judge or magistrate or any other person p,uthorised by lai" to take dec~arations at the place w"here the declaration is made.

(2.)
(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 .. ;::.

Evidence of 47.-( I.,> _J:?egister ; ~ook, Certificate of Regist~y, and Other Documents.

A person, upon payment of the p~escribed fee t may', on application to the Registrar, at a reasonable time during the hours of bis official attendance, inspect the register book.

(2.)
(2.)

The follOldng documents shall be admissable 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 Uegistrar or other person having the lai·rful 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 ~egistrarJ and (d) Every declaration made in pu~suance of this Act in respect of a Nauruan ship.
(3.)

A copy or transcript of the register of Nauruan !

.

: - 23 ­ ships kept by the Registrar under direction of the Minister shall be admissable in evidence in the manner provided by this Act and have the same effect to ell intents as the original register of which it is a copy or transcript.
Forms of Documents and Instru­ ctions as to Registry" 48.-(1·~·) The several instruments and documents specified in the First Schedule to this Act shall be in the form prescn bed by the Mirdster or as near thereto as circumstances permit.
(2 t ) 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, v'lith 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 mrucing entries in the register book, as to the execution ~~nd 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, ruld generally as to any act or thing to be done by him pursuant to this Act.

Forgery of 49.
Forgery of 49.

If any person forges, or fraudulently alters, or assists Documents'­ 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 - 24 ­ be made in or on any of those documents, that person shall in respect of each offence be guilty of felony~' False ;:Declarations.
50~ If any person in the case of any declaration made in the presence of or produced to the Registrar under this Act, or in @1Y document or other evidence produced to the Registrar ­ (a) vdlfully 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 the same to be false, he shall, in respect of each offence, be guilty of a " misdemeanor.

National " -Cha:ra.cter of a Ship to be Declared before Clearance.

Pe~alty for unduly Assuming Nauruan Character.


.. "'-;-.. ' "- 51~-(1;) A customs officer shall not grant a clearance or transire for any ship illltil the master of such ship has declared to that of cer the name of the nation to which he claims that she belongs1 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.-(1.)
52.-(1.)

If a person uses a Nauruan flag and assumes the Nauruan national character on board a ship not regi stered in Nauru, for the purpose of maldng this ship appear to be a Nauruan ship, the ship shall be subject to forfeiture illlder this Act unless the assumption has been made for the purpose of escaping capture by an ene~y or by a foreign ship ­ ~ kl'·'.S -.

: :;', "'~ , .,Ji­ of war in th~ exercise of some belligerent right.

(2.)
(2.)

In allY prbc,eed'in~ for enforcing any such forfei tv.re, the burden of proving the title to use Julie lJaurun flag and to asswne the Hl1uruan national character shall lie upon the person using and assuming -che cane.

Penalty for 53.

Concealnent of Nauruan or As sup..1'pt­ ion of Foreign Character.

- If the master or ouneZ' of a Nauruan ship does anyt!~ing OJ.

or p?
or p?

rm~ vS !1D.ythine to bG clone, or carries or permits to be c2.rried any papers 01'" documen-~s , 'Idth intent to cOl1.ceeJI the Hauruan chare.cter of the ship fran.

any person entitIed by Nauruan la~,r to inquire into the Dame, or vi th 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, s11£',ll in respect of each offence be guilty of a micdemeanor • ..,,f !
-l:Jational ..-c'Dlours "for Ships, and Penalty on Carrying Improper Colours.

54.-(1.)

Ce.binet may, by reguleJtion, prescribe a flag to be ''lorn by Nauruan ships.

(2.)

If any disti~ctive national colours, except the Nauruan flag, is used on board a Nauruan ship ,dthout ~he 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 ea~h offence incur a fine not exceeding two :1undred dollars.

Penalty on.
Penalty on.

Ship not ShoW-­ Colours.

55.-(1.)

A Naurmm ship shall use the Nauruan flag on entering and lcnving any port.

(2. )

lfhere a ship cloes not comply ui th -i;,he IfJst preceding sub section, "bhe master of the ship shedl for each offence be liable to a fine not exceeding tyrO hundred dollars.

- 26 ­ Rules for As..certaining M-gister T9nnage.


~ ",J' 0 " 56-~-(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 about to be registered or not, shall be ascertained by the same ru.le~ (2~) Ships which9 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 If 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 deduotions hereinafter mentioned shall be made from the tonnage of the ship ascertained as aforesaid.

(4.)

In the measurement of a ship for the purpose of asoertaining 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.)
(6.)

Throughout the rules in the Second Schedule to this Act, the tonnage deck shall be taJ-cen to be the upper deck in ships which have less than three ( t .)

""'I 27 ­ decks, and to be the second deck from below in all other ships, end in carrying those rules into effect all measurements shall be taken in feet and fractions of feet shall be expressed in decimals."
(7~) The Hinister 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 tho tonnage Regulations of this Act.

57.-(1.)
In the case of &~y ship propelled by steam or other power requiring engine room, an allowance shall be made for the space 0 ccupied by the propelling power 9 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 shal~ (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 paddlo ""lheels in which the tonnage of the spaco solely occupied by an necessary for the proper working of the boilers and machinery is above twenty per cent Allowance For Engine ~oom Space .,;tn Steam ~-ShiWps.
{~ I !
and und_er thirty per cent of the groos 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 tomlage of such space is above thirteen per cent ruld under twenty per cent of the gross tOlUlage 1 the deduction ahall be thirty-two - 28 ­ one-hundredths of the gross tonnage; (b) As regards all other ships, the deductions shal~ if the Minister and the owner both agree thereto, be estimated in 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 worldng of the boilers and machinery, vrlth 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 shan bo 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;) Tho amount allowed under tho last preceding sub section 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 remeins 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 ,., ~ 'l: : e'~' /~ , - 29 ­ pursuance of a request in writing to the Minister by the ovmer 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 a~d 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, end 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.

"~eductions 58.-(1.)

In measuring or re-measuring a ship for the purpose ~fo!.'

As certain- ing Tonnage~ of ascertaining her register tOl~ge, the following deduetions shall be made from the space included in the measurement of the tonnage?
namely:­ (a) in the case of eny 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, ,",{hich is certified under the Third Schedule to .

!

this Act with regard thereto; (ii) any space used exclusively for the working of the hela, the capstan, and the anchor gear, or for keeping the charts 1 signals, and other instruments of navigation, and boatswains stores; ~;W~ ~ ~;.
::" ~ ~t ­ ­ - 30 ­ (iii) the space occupied by the donkey engine and boiler if connected lri th the main pumps of the ship; and (iv) any space (other than G:'d~uble bottom) ..... ,:.. .

"".

": l'_ adapted only for "t'rater b!ll:ast; and (b) in the case of a ship wholly propelled by sails, any space set ap~rt and used exclusively for the storage of sails.

(2.)
The deductions alloved under this section, other than a deduction for a space occupied b~ seamen or apprentices, and certified as afore~aid, shall be subject to the following provisions, namelYJ (a) The space deducted must be certified by a surveyor of ships as rea,sonable 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 ap plied 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 t"ro and a half per cent of the tonnage of the ship.

Ships with 59.

Double Bottoms.
In the case of a ~hip constructed ,d th a double bottom for "rater ballcst, if the spc,ce bet"l'leen the inner and .. outer plating thereof is certified by a surveyor of ships ~o 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 e..reas shall be tcken to be the upper side of the inner plating of -'clw double bottom, and the_t upper side shall, for the purposes of measuremen~ be - 31 ­ deemed to represent the floor timber referred to in that Rule.
,opnage Once 60.

Whenever the tonnage of any ship has been ascertained .

:.~scertained r' t~ be the Tqnnage of phip.


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.

Surveyors of ships.

61.

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 c.

:!

: ~ .~ \~.

\~Plations 62.-(1.)

All duties in relation to the survey and for !.

Measurement measurement of ships shall be performed by of Ship.

ships for the purposes of this Act.


I 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.-(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 Penalties for Offences.

!

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.

~~ ~ ~ ., 32 ­ Service of 64.-(1,) Where for the purposes of this Act any Documents.
document is to be served on any person, that document may be served (a) in any case by delivering a copy the.reof 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.l 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 Proof etc, .....of ~/Exempt ion.

of a misdemeanour.

65.


Any exception 1 exemption proviso, excuse~ or qualification in relation to any offence under this Act, whether it does or does not accompany in the same sec"cion the description of the offence, may .... , -,,~ ,---_... -, , - 34 ­ THE SCHEDULES FIRST SCHEDULE.

S. 48 (1.)
S. 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 CertiLicate of Registry Provisional Cert icate De aration of owner taking by transmission Declaration of mortgagee taking by transmission .

-.

'.. .. ""'" ~ r ",.

"''1.i '_ .

!


l - 33 ­ be proved by the defendant, but need not be specified or negatived 9 in any information or complaint, and~ if so specified or negatived 9 no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant.

...., , , ,-" !

Regulations 4 66.-(1.)
Cabinet may make regulations prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Act~ inQluding rules ­ (a) prescribing rules for the safety of ships, seamen and passengers at sea; (b) prQhibiting 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 9 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) • ."

.... ~ r r ~~r... - 35 ­ SECOND SCHEDULE.

Measurement of Tonnage.

Rule 1.
(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 1 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 ~he 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: (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, extend­ ing 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' 9 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 ­ -.36 ­ 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, 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 ~., 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 oontents 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 If the ship has more than three ascertained as aforesaid.
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 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 con~on interval between the breadths, the product will give the mean horizontal area of the space; then measure the mean height 9 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 sha 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 Boord of Trade.

be added to the tonnage under the tonnage 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 out­ side 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-tho~sandths) 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 deck9 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 - 38 ­ 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 1 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.
(ii) If in any ship in which the space for propelling power is to be measured the engines and boilers are fitted in spparate 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, bread~h, 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 '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.
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.

- 39 ­ THIRD SCHEDULE Regulations to be observed with respect to Accommodation on board ships.
(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 DS 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 ips.

(3) Every place so occupied and.


appropriated as aforesaid shall~ wheneve~ the ship is registered or re-registered, be inspected by one of the surveyors of ships under this Act, who sball, 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 rs aforesaid shall be authorised unless there 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 A1.

... of men which it is constructed to accommodate, with the words II Certified to accommodate seamen.

11 - 40 ­ (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 prov ions of this Act with respect to the same ar~ not complied with he ahall report the same to the Registrar, and thereupon the registered tonnage shall be altered, and the deduction aforesaid in respect of epace 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.
I ~ ---- -.- .--­ ~ -----~ .~- I HEREBY CERTIFY that the attached document is a fair print of an Act entitu1ed the "Registration of Shipping Act 1968" that has been made by Parliament and is now presented to the Speaker for his Certificate, under Article 47 of the Constitution, Article 60 of the Constitution first having been complied with.

Pursuant to Articles 35.(3.)


and 47 of the Constitution, I, LAGUMOT GAGIEMEN NIMIDERE HARRIS, Deputy Speaker of Parliament, HEREBY CERTIFY that the Registration of Shipping Act 1968, a copy of 'lvhich is attached, has been passed by Parliament.

/J.~ Clerk of Parliament 12/7/1968 12/7/1968