ARRANGEMENT OF SECTIONS
1. Short title.
2. Interpretation and application.
REGISTERING AND LICENSING
3. Qualification for owning Tanzanian ships and compulsory registration of ships so owned.
4. Unregistered ships unless exempt from registration not recognised as Tanzanian ships.
5. Exemption from registry.
6. Registrars of Tanzanian ships.
Procedure for Tanzanian Registry
7. Register Book.
8. Survey and measurement of ship.
9. Marking of ship.
10. Application for registry.
11. Declaration of ownership on registry.
12. Evidence on first registry.
13. Entry of particulars in Register Book.
14. Documents to be retained by Registrar.
15. Port of registry.
Certificate of Registry
16. Certificate of registry.
17. Use of certificate.
18. Penalty for use of improper certificate.
19. Provision for loss of certificate.
20. Endorsement of change of master on certificate.
21. Endorsement of change of ownership on certificate.
22. Delivery up of certificate of ship lost or ceasing to be a Tanzanian ship.
23. Provisional certificate for ships becoming Tanzanian ships.
24. Temporary passes in lieu of certificates of registry.
Transfers and Transmissions
25. Transfer of ships or shares.
26. Declaration of transfer.
27. Registry of transfer.
28. Registered ship or share not to be transferred to unqualified person.
29. Transfer of property in ship on death, bankruptcy, marriage, etc.
30. Order for sale on transmission to unqualified persons.
31. Transfer of ship or share by order of court.
32. Power of court to prohibit transfer.
33. Mortgage of ship or share.
34. Entry of discharge of mortgage.
35. Priority of mortgages.
36. Mortgagee not treated as owner.
37. Mortgagee to have power of sale.
38. Mortgage not affected by bankruptcy.
39. Transfer of mortgages.
40. Transmission of interest of mortgagee on marriage, death or bankruptcy.
Certificates of Mortgage and Sale
41. Powers of mortgage and sale may be conferred by certificate
42. Rules as to certificates of mortgage.
43. Rules as to certificates of sale.
44. Revocation of certificates of mortgage and sale.
Name of Ship
45. Rules as to ships' names.
Registry of Alterations, Registry Anew and Transfer of Registry
46. Registry of alterations.
47. Alterations noted on certificate of registry.
48. Provisional certificate and endorsement where a ship is to be registered anew.
49. Registry anew on change of ownership.
50. Procedure for a new registry.
51. Transfer of registry.
52. Wrecked ships may be registered.
53. Provision for cases of infancy or other incapacity.
Trusts and Equitable Rights
54. Notice of trusts not received.
55. Equities not excluded by Act.
Liability of Beneficial Owner
56. Liability of owner.
57. Ship's managing owner or manager to be registered.
Declarations, Inspection of Register and Fees
58. Power of registrar to dispense with declarations and other evidence.
59. Inspection of register and documents admissible in evidence.
61. Forms and documents.
62. Instructions to Registrars.
Forgery and False Declarations
63. Forgery of documents.
64. False declarations.
National Character and Flag
65. National character and flag of ship to be declared before clearance.
66. National colours.
Forfeiture of Ship
68. Proceedings on forfeiture of ship.
Measurement of Ship and Tonnage
69. Rules for ascertaining tonnage.
70. Allowance for engine-room space in steamships.
71. Additional allowances.
72. Measurement of ships with double bottoms.
73. Tonnage once ascertained to be tonnage of ship.
74. Tonnage of ships of foreign countries adopting tonnage regulations.
75. Surveyors for measurement of ships.
Licensing of Unregistered Vessels
76. Licences for certain unregistered ships.
77. Provisions as to licences.
MASTERS, OFFICERS, SEAMEN AND APPRENTICES
Certificates of Competency to be held by Ships' Officers
78. Manning of ships and competence of seamen.
79. Power to exempt from manning requirements.
80. Prohibition of going to sea under-manned.
81. Unqualified persons going to sea as qualified officers or seamen.
82. Production of certificates and other documents of qualification.
83. Application of sections 78, 79, 80, 81 and 82.
84. Appointment of Shipping masters.
85. Business of the shipping master.
86. List of deserters.
Apprenticeship to the Sea Service
88. Execution of contracts and indentures.
89. Records at office of shipping master.
Engagement of Seamen
90. Agreement with crew.
91. Particulars of agreement with crew.
92. Agreements with crew of foreign-going ship.
93. Crew lists for small vessels.
Certificates from Shipping Master
94. Changes in crew.
95. Certificate as to agreement with crew.
96. Display of and alterations to agreement with crew.
97. Engagement of seamen outside the United Republic.
Employment of Children and Young Persons as Seamen
98. Employment of children and young persons on board ship.
Certification of Seamen
99. Certification of seamen.
Discharge of seamen
100. Discharge before shipping master.
101. Certificate of discharge.
102. Report of seaman's character.
Payment of Wages
103. Time and manner of payment.
104. Master to deliver account of wages.
106. Decision as to wages by shipping master.
107. Shipping master may require ship's papers.
108. Rates of exchange.
Advance and Allotment of Wages
109. Advance notes restricted.
110. Allotment notes.
111. Master to give facilities to seamen for remitting wages.
112. Right of suit on allotment notes.
Rights of Seamen in respect of Wages
113. Right to wages, etc.: when to begin.
114. Right to recover wages and salvage not to be forfeited.
115. Wages not to depend on freight.
116. Wages when termination of service by reason of unfitness or loss of ship.
117. No wages for refusal to work.
118. Forfeiture if illness caused by default.
119. Costs of procuring conviction deducted.
120. Compensation where improperly discharged.
121. Attachment or sale of wages to be invalid.
Mode of Recovering Wages
122. Seaman may sue for wages before magistrate.
123. Restriction on suits for wages before High Court.
124. Master's remedy for wages.
Power of Court to Rescind Contracts
125. Power of court to rescind contracts.
Property of Deceased Seaman
126. Property of deceased seaman.
127. Delivery of property to shipping master.
128. Master accountable to the Minister.
129. Recovery of wages of seamen lost with ship.
130. Delivery of property of seamen dying in the United Republic.
131. Disposition of property by the Minister.
132. Forgery of documents to obtain property of deceased seaman.
Provisions, Health and Accommodation
133. Complaints as to provisions or water.
134. Allowance for short or bad provisions.
135. Weights and measures on board.
136. Regulations in respect of medical examination, etc.
137. Regulations respecting crew accommodation.
138. Steamships to carry certificated cooks.
139. Regulations respecting scales of medicines.
140. Inspection of medical stores and facilities.
141. Expenses of medical attendance in cases of injury or illness.
142. Carriage of medical practitioners.
Facilities for Making Complaints
143. Facilities for making complaints.
Protection of Seamen from Imposition
144. Assignment or sale of salvage invalid.
145. Seaman's debts.
Provisions as to Discipline
146. Misconduct endangering life or ship.
147. General offences against discipline.
148. Conviction not to affect other remedies.
149. Desertion and absence without leave.
150. Improper negotiation of advance note.
151. Withholding of certificate of discharge.
152. False statement as to last ship or name.
153. Arrangements as to deserters from foreign ships.
154. Entry of offences in official log-book.
155. Proof of desertion in proceedings for forfeiture of wages.
156. Application of forfeitures.
157. Questions of forfeiture decided in suits for wages.
158. Deduction of fine from wages.
159. Enticing to desert and harbouring deserters.
160. Official log-books.
161. Entries in official log-book.
162. Delivery of official log-book to shipping master.
163. Disposition of official log-book on transfer of ownership, etc.
164. Penalty for improperly kept official log-book.
Returns and Delivery of Documents
165. Lists of crew and particulars.
166. Transfer of ownership or change of employment of ship.
167. Delivery of ships documents by master to consular officer or shipping master.
168. Documents to be handed over on change of master.
169. Returns relating to births and deaths.
Conflict of Laws
170. Law of port of registry governs in the event of failure of this Act.
Relief and Repatriation of Distressed Seamen and Seamen Left behind Abroad
171. Owner to be responsible for repatriating seamen left behind out of the United Republic.
172. Dealing with wages and effects of a seaman who is left behind out of the United Republic.
173. Sanction required for discharge of seamen out of the United Republic.
174. Certificate of discharge abroad.
175. Repatriation of seamen on termination of service at foreign port.
176. Discharge of seamen on change of ownership of ship at a foreign port.
177. Certificate required where a seaman is left behind in a foreign port.
178. Account of wages in case of seamen left behind on ground of unfitness or inability to proceed to sea.
179. Payment of wages of seamen left behind on ground of unfitness or inability to proceed to sea.
180. Application of payments on account of wages of seamen left behind.
181. Relief of distressed seamen.
182. Repayment of expenses of relief and repatriation.
183. Forcing ashore.
184. Proper return port.
185. Provision for return of seamen.
186. Decision of question as to return of seamen.
187. Assistance to distressed seamen.
188. Regulations by Minister as to passenger ships.
189. Offences in connection with passenger ships.
190. Tickets to be issued for passages.
191. Appointment of surveyors.
192. Surveyor's rights of inspection.
193. Record of inspections and certificates.
Application of Safety and Load Line Conventions
195. Regulations to give effect to the Safety Convention and Load Line Convention.
196. Countries to which Safety or Load Line Conventions apply.
Inspection for Safety
197. Initial and subsequent surveys of ships.
198. Surveyor's report to Minister.
199. Safety Regulations by Minister.
Issue of Certificates
200. Issue of certificates to passenger and cargo ships.
201. Local safety certificates.
202. Posting of certificates.
203. Issue of certificates by other governments.
204. Issue of certificates to ships that are not Tanzanian ships.
Proceeding to Sea
205. Production of certificate.
206. International voyages from the United Republic by ships to which Safety Convention does not apply.
General Safety Precautions and Responsibilities
207. Crew to be sufficient and efficient.
208. Obligation to notify of hazards to navigation.
209. Signals of distress.
210. Obligation to assist vessels in distress.
Prevention of Collisions
211. Method of giving helm orders.
212. Observance of collision regulations.
213. Duty of vessel to assist the other in case of collision.
214. Collisions to be entered in official log-book.
215. Report to Minister of accidents to Tanzanian ships.
Load Lines and Loading
217. Load Line Rules.
218. Marking of deck line and load lines.
219. Submersion of load lines.
220. Alteration or defacement of marks.
221. Issue of load line certificates and effect.
222. Certificates may be issued by corporation or society for the survey of shipping.
223. Duration, renewal and cancellation of certificates.
224. Ships not to proceed to sea without certificates.
225. Publication of load line certificate.
226. Insertion of particulars as to load line in agreement with crew.
Special Provisions as to Load Line Convention Ships not registered in
the United Republic
227. Load Line certificates of Convention ships not registered in the United Republic.
228. Inspection and control of Convention ships not registered in the United Republic.
229. Certificates of Convention ships to be produced to customs.
Loading of Timber
230. Carriage of timber deck cargo.
Carriage of Bulk Commodities
231. Carriage of bulk commodities.
232. Regulations as to dangerous goods.
Ships Alleged to be Unseaworthy
233. Obligation to secure seaworthiness of ship.
234. Unseaworthy ships to be detained.
235. Complaint to be in writing.
236. If complaint of a trivial nature.
237. Regulations for protection of workers against accidents while loading or unloading ships.
238. Marking of heavy packages or objects.
Special Applications and Exemptions
239. Special application of this Part.
240. Minister may relieve ships from compliance with this Part.
WRECKS, SALVAGE AND INVESTIGATION INTO SHIPPING CASUALTIES
Receivers of Wreck
241. General superintendence of Commissioner for Customs.
242. Fees and expenses of receiver.
243. Duties of receiver.
244. Powers of receiver.
245. Passage over adjoining lands.
246. Immunity of receiver against certain suits.
Dealing with Wreck
248. Duty of persons finding wreck in the United Republic.
249. Procedure in case of concealment of wreck.
250. Notice of wreck.
251. Owner may claim wreck within six months.
252. Sale where for general advantage or owing to nature of goods.
253. Sale of unclaimed wreck.
254. Discharge of receiver.
Removal of Wrecks
255. Removal of wreck by harbour authority.
256. Removal of wreck by Minister.
257. Reasonable salvage payable.
Procedure in Salvage
258. Disputes as to salvage.
259. Cases where receiver determines amount of salvage.
261. Valuation of property.
262. Seizure and detention of property liable for salvage.
263. Sale of detained property by receiver.
264. Voluntary agreement to pay salvage.
265. Limitation of time for salvage proceedings.
Shipping Casualties and Accidents on Ships
266. Shipping casualties.
267. Appointment of officer to hold preliminary inquiry.
Formal Investigations into Casualties
268. Commissioner for formal investigations.
269. Powers of Commissioner.
270. Powers of Commissioner of investigation as to certificates.
271. Delivery up and disposition of certificates.
272. Re-hearing of investigation.
Inquiries as to the Competency and Conduct of Officers
273. Inquiry into conduct of certificated officer.
Removal of Master by Court
274. Removal of master by court.
LIMITATION AND DIVISION OF LIABILITY
Limitation of Liability
275. Limitation of liability of ship owners.
276. Power of court to consolidate claims.
277. Extension of limitation of liability.
278. Limitation of liability of dock, canal and harbour owners.
279. Tonnage of small vessel.
280. Calculation of tonnage.
281. Where several claims arise on one occasion.
282. Release of ship on giving of security.
Division of Liability
283. Rules as to division of liability.
284. Joint and several liability.
285. Right of contribution.
286. Extended meaning of "owners".
Prosecution of Offences
287. Prosecution of offences.
288. Offences and penalties.
289. Limitation of time.
290. Liability of agents.
291. Jurisdiction in case of offences.
292. Jurisdiction over ships lying off the coasts.
293. Jurisdiction in case of offences on board ship.
294. Offences by seamen in foreign ports.
Jurisdiction where Unsatisfied Mortgage
295. Provisions as to mortgages of ships sold to foreigners.
Damage Occasioned by Foreign Ships
296. Power to detain foreign ship that has occasioned damage.
297. Conveyance of offenders and witnesses to the United Republic
Reciprocal Jurisdiction and Jurisdiction over Foreign Ships
298. Reciprocal services relating to foreign ships.
299. Application by order of provisions of Act to foreign ships.
Inquiry into Causes of Death
300. Inquiry into cause of death on board ship.
Depositions in Legal Proceedings
301. Depositions received when witness cannot be produced
Detention of Ship and Distress on Ship
302. Enforcing detention of ship.
303. Ship may be seized and sold if penalty not paid.
304. Distress on ship for sums ordered to be paid.
Evidence, Service of Documents and Declarations
305. Proof of attestation.
306. Admissibility of documents in evidence.
307. Service of documents.
Protection of Officers
308. Protection of officers.
Application of Fines
309. Application of fines.
Limitation of Actions in Civil Proceedings
310. Limitation of time for civil proceedings.
311. Pollution of the sea by oil.
SUPPLEMENTAL AND TRANSITIONAL PROVISIONS
313. Exemption of Government service ships.
314. General powers of Minister.
315. Forms sanctioned by Minister.
317. Exemption for limited period.
318. Certificates and documents to be produced to customs.
319. Transitional effect of certain rules and regulations.
THE MERCHANT SHIPPING ACT
An Act to make provision for the control, regulation and orderly development of merchant shipping and other related matters.
[1st December, 1967]
43 of 1967
2 of 1980
PRELIMINARY PROVISIONS (ss 1-2)
This Act may be cited as the Merchant Shipping Act.
(1) In this Act, unless the context otherwise requires–
"apprentice" means an apprentice to the sea service;
"coasting ship" means a ship employed solely in the coasting trade;
"coasting trade" means the carriage of goods or passengers on a sea voyage solely from any place on the coast of the United Republic to any other place or places on the coast of the United Republic or to other places on the coast of Eastern Africa between the limits of Mogadishu in the north and Ibo in the South;
"collision regulations" means the International Regulations for Preventing Collisions at Sea, 1960, together with such revisions thereto or substitutions therefor as the Minister may, by order in the Gazette, declare to be in effect;
"consular officer" means a consular officer of the United Republic and such other officers as are recognised as consular officers by the Government of the United Republic;
"contravention" includes, in relation to any provision, failure to comply with that provision, and "contravene" with its grammatical variations, shall be construed accordingly;
"customs officer" means an officer of the Customs Excise Management Department and any person, other than a labourer, performing duties in relation to Customs;
"dangerous goods" or "goods of a dangerous nature" means goods which by reason of their nature, quality or mode of storage are either singularly or collectively liable to endanger the lives of or hazard to the passengers or imperil the ship, and includes all substance specified by the Minister by regulations made pursuant to section 232 to be dangerous goods;
"deck line" means a mark on each side of a ship indicating the post of the uppermost complete deck as defined by the Load Line Rules;
"detaining officer" means a person appointed under section 302;
"foreign-going ship" means a ship employed in voyages beyond the limits of a coasting trade voyage;
"Government service ship" means a ship or vessel in the police military service of the United Republic or any other State;
"harbour" includes harbours properly so called, whether natural or artificial, estuaries, navigable rivers, piers, jetties, and other waters in, or at which ships can obtain shelter, or ship and unship goods or passengers;
"harbour authority" means the body or authority responsible for the provision of harbour services and facilities;
"legal representative" means any person constituted executive administrator, or other representative of a deceased person;
"Load Line Convention" means the International Convention respecting Load Lines, 1930 together with such revisions thereto or substitutes therefor as the Minister may, by order in the Gazette, declare to be in effect;
"master" includes every person except a pilot having command or charge of a ship, or having command or charge of a seaplane or other craft when it is on or in close proximity to the water;
"Merchant Shipping Superintendent" means the officer to whom the Minister may delegate his powers under section 314;
"Minister" means the Minister responsible for communications;
"owner", as applied to unregistered vessels, means the actual owner, or as applied to registered ships means the registered owner;
"passenger" means any person carried on a ship other than–
(a) the master or an apprentice or a member of the crew or a person employed or engaged in any capacity on board the ship on business of the ship;
(b) a child under one year of age; or
(c) a person carried on the ship in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstances which neither the master nor the owner nor the charter, if any, could have prevented or forestalled;
"passenger ship" means a ship carrying or capable of carrying more than twelve passengers;
"pilot" means any person not belonging to a ship who has the conduct thereof;
"port" means a place, whether proclaimed a harbour or not, and whether natural or artificial, to which ships may resort for shelter or to ship or unship goods or passengers;
"port manager" means a port manager appointed to take charge of a harbour;
"proper officer" means any officer appointed to perform a certain duty or function when engaged on the performance of that duty or function;
"Register Book" means the book required to be kept by a Registrar pursuant to section 7;
"Registrar" means a Registrar of ships and a deputy Registrar;
"sailing ship" means a ship having sufficient sail area to be capable of being navigated under sail alone, whether fitted with mechanical means of propulsion or not;
"seaman" includes every person, except masters, pilots and apprentices duly contracted or indentured and registered, employed or engaged in any capacity on board any ship;
"ship" includes every description of vessel used in navigation not propelled by oars;
"shipping master" includes a deputy shipping master;
"steamship" means any ship propelled by machinery and not coming within the definition of sailing ship;
"surveyor" means a person appointed a surveyor pursuant to section 75 or section 191;
"Tanzanian ship" means a ship registered or licensed under the provisions of this Act at a port in the United Republic;
"vessel" includes any ship or boat, or any other description of vessel used or designed to be used in navigation;
"wages" includes emoluments;
"wreck" includes flotsam, jetsam, lagan and derelict found in, or on the shores of the sea or of any tidal water, the whole or any portion of a ship lost, abandoned, stranded or in distress, any portion of the cargo, stores or equipment of that ship, and any portion of the personal property on board such ship when it was lost, stranded, abandoned or in distress.
(2) Subject to section 83 of this Act, this Act shall not apply to the regulation of inland water transport.
REGISTERING AND LICENSING (ss 3-77)
Registering Ships (ss 3-6)
(1) A ship shall be deemed to be a Tanzanian ship if, and only if, it is owned wholly by persons qualified to be owners of a Tanzanian ship, namely–
(a) a person who is resident in the United Republic;
(b) a body corporate, incorporated under and subject to the laws of the United Republic and having its principal place of business in the United Republic;
(c) the Government of the United Republic.
(2) Every ship of twenty five tons net register tonnage or over that is so owned by persons qualified to be owners of Tanzanian ships shall unless exempted be registered as a Tanzanian ship but no obligation shall arise under this subsection to register a Government service ship.
(1) Notwithstanding that an unregistered ship is owned wholly by persons qualified to be owners of Tanzanian ships, that ship unless she is exempted from registry or is not required to be registered by this Act) shall not be recognised in the United Republic or for the purpose of this Act as a ship being entitled to the rights and privileges accorded to Tanzanian ships.
(2) Any Tanzanian ship unless exempted from registry under this Act may be detained until the master of the ship, if so required, produces the certificate of registry of the ship.
The Minister may, by notice published in the Gazette, exempt certain classes of ships, not exceeding one hundred and twenty five tons register, to be designated by him, from registry under this Act.
The Minister may, by notice published in the Gazette–
(a) declare any port in the United Republic to be a port of registry; and
(b) appoint Registrars of Tanzanian ships and deputy Registrars at such ports of registry.
Procedure for Tanzanian Registry (ss 7-15)
Every Registrar shall keep a book to be called the Register Book and entries in that book shall be made in accordance with the following provisions–
(a) the property in a ship shall be divided into sixty four shares;
(b) subject to the provisions 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 body corporate 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 person entitled to be registered and shall not be entitled to dispose in severalty of any interest in a ship, or in any share therein in respect of which they are registered; and
(e) a body corporate may be registered as owner by its corporate name.
Every ship shall, before registry in the United Republic, be surveyed by a surveyor 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 for registry.
(1) Every ship shall, before registry in the United Republic, 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 shall 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 on her main beam, or some other conspicuous place;
(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 numerals or in figures, not less than six inches in length, the lower line of such numerals or figures to coincide with the draught line denoted thereby, and those numerals 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 ship from all or any requirements of this section.
(3) 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.
(4) On a certificate from a surveyor or a Registrar, that a ship is insufficiently or inaccurately marked, the ship may be detained until the insufficiency or inaccuracy has been remedied to the satisfaction of the Minister.
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 his or their agent, and in the case of corporations by their agent; and the authority of the agent shall be testified by writing, if appointed by a corporation, under the common seal of the corporation.
A person shall not be entitled to be registered as owner of a share therein until he or, in the case of a corporation, a person authorised on behalf of the 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 his qualification to own a Tanzanian ship, or in the case of a corporation of such circumstances of the constituting and business thereof as prove it to be qualified to own a Tanzanian ship;
(b) a statement of the time when and the place where the ship was built, or, if the ship is foreign built, and the time and place of building unknown, a statement that she is foreign built, and that the declarant does not know the time or place of her building and in addition thereto, in the case of a foreign ship a statement of her foreign name, or in the case of a ship condemned, a statement of the time, place and court at and by which she was condemned;
(c) a statement of the name of the master;
(d) a statement of the number of shares in the ship of which he or the corporation, as the case may be, is entitled to be registered as owner; and
(e) a declaration that, to the best of his knowledge and belief, no unqualified person or body of persons is entitled as owner of any legal or beneficial interest in the ship or any share therein, or in the case of a body corporate that such body is qualified under paragraph (b) of subsection (1) of section 3.
(1) On the first registry of a ship the following evidence shall be produced in addition to the declaration of ownership–
(a) in the case of a Tanzanian built ship, a builder's certificate, that is to say, 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 built, and if there has been any sale, the bill of sale under which the ship, or a share therein, has become vested in the applicant for registry;
(b) in the case of a ship built outside the United Republic, the same evidence as in the case of a Tanzanian built ship, 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 produced, in which case there shall be required only the bill of sale under which the ship or share therein became vested in the applicant for registry; and
(c) in the case of a ship condemned by any competent court, an official copy of the condemnation.
(2) The builder shall grant the certificate required by this section, and such person as the Minister recognises as carrying on the business of the builder of the ship shall be included for the purposes of this section in the expression "builder of the ship".
As soon as the requirements of this Act preliminary to Registry have been complied with, the registrar shall enter into 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;
(c) the particulars respecting her origin stated in the declaration of ownership;
(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;
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.
The port at which a ship is registered for the time being shall be deemed her port of registry and the port to which she belongs.
Certificate of Registry (ss 16-24)
On completion of the registry of a ship, the Registrar shall grant a certificate of registry comprising the particulars respecting her entry in the Register Book together with the name of her master.
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.
If the master or owner of a ship uses or attempts to use for her navigation a certificate of registry not legally granted in respect of the ship, he commits an offence under this Act, and on his conviction the ship shall be subject to forfeiture under this Act.
(1) In the event of the certificate of registry of a ship being mislaid, lost or destroyed, the Registrar of her port of registry shall grant a new certificate of registry in lieu of her original certificate.
(2) Where the port at which the ship is at the time of the event specified in subsection (1), or first arrives after that event, is not in the United Republic, but has a consular officer, then the master of the ship or some other person having knowledge of the facts of the case shall make a declaration stating the facts of the case and the names and descriptions of the registered owners of that ship to the best of the declarant's knowledge and belief, and the consular officer may thereupon grant a provisional certificate containing a statement of the circumstances under which it is granted.
(3) The master of a ship in respect of which a provisional certificate has been granted under subsection (2) shall within ten days after the first subsequent arrival of the ship at a port in the United Republic deliver the provisional certificate to the Registrar at the port of registry, and the Registrar shall thereupon grant a new certificate of registry.
Whenever the master of a Tanzanian ship is changed, a memorandum of that change shall be endorsed on the certificate of registry–
(a) if the change is made in consequence of a ruling of a court or marine inquiry, by the presiding officer of that court; or
(b) if the change occurs from any other cause, by the Registrar, or if there is none, the consular officer at the port where the change takes place.
(1) Whenever a change occurs in the registered ownership of a ship, the change of ownership shall be endorsed on her certificate of registry, either by the Registrar of the ship's port of registry, or by the Registrar of ships at any port at which the ship arrives, who has been advised of the change by the Registrar of the ship's port of registry.
(2) The master shall, for the purposes of such endorsement by the Registrar of the ship's port of registry, deliver the certificate of registry to the Registrar forthwith after the change has occurred when the ship is at her port of registry, and if it occurs during her absence from that port, and the endorsement under this section is not made before her return, then upon her first return to that port.
(3) The Registrar of any port not being the ship's port of registry who is required to make an endorsement under this section may for that purpose require the master of the ship to deliver to him the ship's certificate of registry so that the ship be not thereby detained, and the master shall deliver the same accordingly.
(1) In the event of a registered ship being either actually or constructively lost, taken by the enemy, burnt or broken up, or ceasing, by reason of a transfer to persons not qualified to be owners of Tanzanian ships or otherwise, to be a Tanzanian ship, every owner of the ship of 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 at her port of registry, 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 of existing certificates of mortgage entered therein.
(2) In any such case as is provided for in subsection (1), except where the ship's certificate of registry is lost or destroyed, the master of the ship shall, if the event occurs in port, immediately, but if it occurs elsewhere, then within ten days after her arrival in port, deliver the certificate to the Registrar, or if there is none, to the consular officer there, and the Registrar if he is not himself the Registrar of her port of registry or the consular officer shall forthwith forward the certificate delivered to him to the Registrar of her port of registry.
(1) Where, at a port not within the United Republic, a ship becomes the property of persons qualified to own a Tanzanian ship and such persons declare an intent to apply to have her registered in the United Republic, the consular officer there may grant to her master on his application a provisional certificate stating–
(a) the name of the ship;
(b) the time and place of her purchase and the names of her purchasers;
(c) the name of her master; and
(d) the best particulars respecting her tonnage, build and description which he is able to obtain,
and shall forward a copy of the certificate at the first convenient opportunity to the Minister.
(2) A provisional certificate issued under subsection (1) shall have the effect of a certificate of registry until the expiration of six months from its date or until the ship's arrival at a port in the United Republic where there is a Registrar, whichever first happens, and on either of those events happening shall cease to have effect.
Where it appears to the Minister that by reason of special circumstances it would be desirable that permission should be granted to any ship to pass without being previously registered from any port in the United Republic to any port outside the United Republic, the Minister may grant a pass accordingly, and that pass for the time and within the limits therein mentioned shall have the same effect as a certificate of registry.
Transfers and Transmissions (ss 25-32)
(1) A registered ship or a share therein, when disposed of to a person qualified to own a Tanzanian ship, shall be transferred by a bill of sale.
(2) The bill of sale 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 in a form approved by the Minister or as near thereto as circumstances permit, and shall be executed by the transferor in the presence of, and be attested by, a witness or witnesses.
Where a registered ship or a share therein is transferred, the transferee shall not be entitled to be registered as owner thereof until he or, in the case of a corporation, the person authorised to make declarations on behalf of the corporation, has made and signed a declaration (in this Act called a declaration of transfer) referring to the ship and containing–
(a) a statement of the qualification of the transferee to own a Tanzanian ship, or if the transferee is a corporation of such circumstances of the constitution and business thereof as to prove it to be qualified to own a Tanzanian ship; and
(b) a declaration that to the best of his knowledge and belief no unqualified person or body of persons is entitled as owner to any legal or beneficial interest in the ship or any share therein; or in the case of a body corporate that such body is qualified under paragraph (b) of subsection (1) of section 3(1)(b).
(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 Registrar of her port of registry with the declaration of transfer, and the Registrar shall 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 of a share therein shall not be disposed of to a person not qualified to own a Tanzanian ship except with the consent in writing of the Minister.
A registered ship or share therein shall not be disposed of to a person not qualified to own a Tanzanian ship except with the consent in writing of the Minister.
(1) Where the property in a registered ship or share therein is transmitted to a person qualified to own a Tanzanian ship on the marriage, death or bankruptcy of any registered owner, or by 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 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 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 the court as proof of the title of persons claiming under a bankruptcy; and
(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 to be registered, as owner of the ship or share therein, 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 number of persons entitled to be registered as owners, be considered as one person.
(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 Tanzanian ship, the court may, on application by or on behalf of the unqualified person, order a sale of the property so transmitted and direct that the proceeds of the sale, after deducting the expenses thereof, be paid to the person entitled under such transmission, or otherwise as the court may direct.
(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 shall be made within twelve weeks after the occurrence of the event on which the transmission has taken place, or within such further time as the court allows.
(4) If the application is not made within the time aforesaid, the ship or share transmitted shall thereupon be subject to forfeiture under this Act.
Where any court, whether under section 30 or otherwise, orders the sale of any ship or share therein, the order of the court shall contain a declaration of 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 same manner and to the same extent as if he were the registered owner thereof; and every 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.
The court may, if it thinks fit without prejudice to the exercise of any power of the court, on the application of any interested person make an order prohibiting for a time specified any dealing with a ship or any share therein, and the court may make the order on any terms or conditions the court 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 every Registrar without being made a party to the proceedings shall, on being served with an order or an official copy thereof, obey the same.
Mortgages (ss 33-40)
(1) A registered ship or share therein may be a security for a loan or other valuable consideration and the instrument creating the security (in this Act called a mortgage) shall be in a form approved by the Minister, or as near thereto as circumstances permit, and on the production of such instrument the Registrar of the ship's port of registry shall record it in the Register Book.
(2) A mortgage shall be recorded by the registrar in the order in time in which it is produced to him for that purpose, and the registrar shall by memorandum under his hand notify on the mortgage that it has been recorded by him, stating the date and hour of that record.
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, make an entry in the Register Book to the effect that the mortgage has been discharged, and on the entry being made, the estate, if any, that passed to the mortgage 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.
Where there are more mortgages than one registered in respect of the same ship or share, the mortgages 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.
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.
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 pursuant to an order of the court, sell the ship or share without the concurrence of every prior mortgagee.
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 had 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.
A registered mortgage of a ship or share may be transferred to any person, and the instrument effecting the transfer shall be in a form approved by the Minister, or as near thereto as circumstances permit, 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 date and hour of the record.
(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 the person to whom the interest is transmitted, and shall be accompanied by the like evidence as is required in the case of a transmission of an interest in a ship or share therein under section 29.
(2) The Registrar, on receipt of the declaration and the production of the evidence shall enter the name of the person entitled under the transmission in the Register Book as mortgagee of the ship or share or vessel, as the case may be, in respect of which the transmission has taken place.
Certificates of Mortgage and Sale (ss 41-44)
(1) A registered owner, if desirous of disposing by way of mortgage or sale of the ship or share in respect of which he is registered, at any place out of the United Republic, may apply to the Registrar of the ship's port of registry, and the Registrar shall thereupon enable him to do so by granting a certificate of mortgage or a certificate of sale.
(2) The application for a certificate of mortgage or sale shall state the following particulars–
(a) the name of the person by whom the power mentioned in the certificate is to be exercised, and in the case of a mortgage, the maximum amount of charge to be created if it is intended to fix any such maximum, and in the case of a sale, the minimum price at which the sale is to be made, if it is intended to fix any such minimum;
(b) the place where the power is to be exercised, or if no place is specified a declaration that it may be exercised anywhere, subject to this Act; and
(c) the limit of time within which the power may be exercised.
(3) A certificate of sale or mortgage shall not authorise any mortgage or sale to be made in the United Republic or by any person not named in the certificate.
(4) A certificate of mortgage and a certificate of sale shall contain a statement of the several particulars by this Act directed to be entered in the Register Book on the application for the certificate, and in addition thereto a numeration of any registered mortgages or certificates of mortgage or sale affecting the ship or share in respect of which the certificate is given.
The following rules shall be observed as to certificates of mortgage–
(a) the power to mortgage shall be exercised in conformity with the directions contained in the certificate;
(b) every mortgage made thereunder shall be registered by the endorsement of a record thereof on the certificate by a Registrar or consular officer;
(c) a mortgage made in good faith under the certificate shall not be impeached by reason of the person by whom the power was given dying before the making of the mortgage;
(d) wherever the certificate contains a specification of the place at which, and a limit of time not exceeding twelve months within which, the power is to be exercised, a mortgage made in good faith to a mortgagee without notice shall not be impeached by reason of the bankruptcy of the person by whom the power was given;
(e) every mortgage which is so registered as aforesaid on the certificate shall have priority over all mortgages of the same ship or share created subsequently to the date of the entry of the certificate in the Register Book; and, if there are more mortgages than one so registered, the respective mortgagees claiming thereunder shall, notwithstanding any express, implied or constructive notice, be entitled one before the other according to the date at which each mortgage is registered on the certificate, and not according to the date of the mortgage;
(f) subject to the foregoing rules, every mortgagee whose mortgage is registered on the certificate shall have the same rights and powers and be subject to the same liabilities as he would have had and been subject to if his mortgage had been registered in the Register Book instead of on the certificate;
(g) the discharge of any mortgage so registered on the certificate may be endorsed on the certificate by any Registrar or consular officer, on the production of such evidence as is by this Act required to be produced to the Registrar on the entry of the discharge of a mortgage in the Register Book; and on that endorsement being made, the interest, if any, which passed to the mortgagee shall vest in the same person or persons in whom it would, having regard to intervening acts and circumstances, (if any) have vested, if the mortgage had not been made; and
(h) on the delivery of any certificate of mortgage to the Registrar by whom it was granted he shall, after recording in the Register Book in such manner as to preserve its priority any unsatisfied mortgage registered thereon, cancel the certificate, and enter the fact of the cancellation in the Register Book; and every certificate so cancelled shall be void to all intents.
The following rules shall be observed as to certificates of sale–
(a) a certificate of sale shall not be granted except for the sale of an entire ship;
(b) the power to sell shall be exercised in conformity with the directions contained in the certificate;
(c) a sale made in good faith to a purchaser for valuable consideration shall not be impeached by reason of the person by whom the power was given dying before the making of the sale;
(d) whenever the certificate contains a specification of the place at which, and a limit of time not exceeding twelve months within which, the power is to be exercised, a sale made in good faith to a purchaser for valuable consideration without notice shall not be impeached by reason of the bankruptcy of the person by whom the power was given;
(e) a transfer made to a person qualified to be the owner of a Tanzanian ship shall be by bill of sale in accordance with this Act;
(f) if the ship is sold to a person qualified to be the owner of Tanzanian ship, the ship shall be registered anew; but notice of all mortgages enumerated on the certificate of sale shall be entered in the Register Book;
(g) before registry anew there shall be produced to the Registrar required to make the same the bill of sale by which the ship is transferred, the certificate of sale and the certificate of registry of that ship;
(h) the last-mentioned Registrar shall retain the certificates of sale and registry, and after having endorsed on both of those instruments an entry of the fact of a sale having taken place, shall forward them to the Registrar of the port appearing thereon to be the former port of registry of the ship, and the last-mentioned Registrar shall thereupon make a memorandum of the sale in his Register Book, and the registry of the ship in that book shall be considered as closed, except as far as relates to any unsatisfied mortgages or existing certificates of mortgage entered therein;
(i) on such registry anew the description of the ship contained in her original certificate of registry may be transferred to the new Register Book, without her being resurveyed, and the declaration to be made by the purchaser shall be the same as would be required to be made by an ordinary transferee;
(j) if the ship is sold to a person not qualified to be the owner of a Tanzanian ship, the bill of sale by which the ship is transferred the certificate of sale, and the certificate of registry shall be produced to a Registrar or consular officer, and that Registrar or officer shall retain the certificates of sale and registry and, having endorsed thereon the fact of that ship having been sold to a person not qualified to be the owner of a Tanzanian ship, shall forward the certificates to the Registrar of the port appearing on the certificate of registry to be the port of registry of that ship; and that Registrar shall thereupon make a memorandum of the sale in his 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;
(k) if, on a sale being made to a person not qualified to be the owner of a Tanzanian ship, default is made in the production of such certificates as are mentioned in paragraph (j), that person shall be considered by law as having acquired no title to or interest in the ship; and further, the person upon whose application the certificate of sale was granted and the person exercising the power shall each commit an offence and each be liable on conviction to a fine not exceeding ten thousand shillings;
(l) if no sale is made in conformity with the certificate of sale, that certificate shall be delivered to the Registrar by whom the same was granted; and he shall cancel it and enter the fact of the cancellation in the Register Book; and every certificate so cancelled shall be void for all intents and purpose.
(1) The registered owner of any ship or share therein in respect of which a certificate of mortgage or sale has been granted specifying the places where the power thereby given is to be exercised may, by an instrument under his hand, authorise the Registrar by whom the certificate was granted to give notice to the Registrar or consular officer at every such place that the certificate is revoked.
(2) The Notice given under subsection (1) shall be recorded by the Registrar or a consular officer who receives it, and after it is recorded the certificate shall be deemed to be revoked and of no effect so far as respects any mortgage or sale to be made at that place.
(3) The notice after it has been recorded shall be exhibited to every person applying for the purpose of effecting or obtaining a mortgage or transfer under the certificate.
(4) A Registrar or consular officer on recording any such notice shall state to the Registrar by whom the certificate was granted whether any previous exercise of the power to which such certificate refers has taken place.
Name of Ship (s 45)
(1) The Minister may refuse the registry of any ship by the name by which it is proposed to register that ship if it is already the name of a registered Tanzanian ship or a name so similar as to be calculated to deceive.
(2) A ship shall not be described by any name other than that by which she is for the time being registered.
(3) A change shall not be made in the name of a ship without the previous written permission of the Minister.
(4) Application for permission under subsection (3) shall be in writing and if the Minister is of the opinion that the application is reasonable he may entertain it, and require a notice to be published in the Gazette in such form and manner as he thinks fit.
(5) 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.
(6) Where it is shown to the satisfaction of the Minister that the name of any ship has been changed without 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 registry, and on her bows and stern accordingly.
(7) Where a foreign ship not having been previously registered as a Tanzanian ship, becomes a Tanzanian ship she shall not be registered by any name other than that she bore as a foreign ship immediately before becoming a Tanzanian ship except with the 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, commits an offence against this Act and the ship may be detained until the provisions of this section have been complied with.
Registry of Alterations, Registry Anew and Transfer of Registry (ss 46-52)
Where a registered ship is so altered as not to correspond with the particulars relating to her tonnage or description contained in the Register Book, then, if the alteration is made at any port having a register, that Registrar or, if it is made elsewhere, the Registrar of the first port having a register at which the ship arrives after the alteration, shall, on application being made to him and on receipt of a certificate from the proper surveyor stating the particulars of the alteration, either cause the alteration to be registered or direct that the ship be registered anew.
(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 effect of new certificate having been granted, or endorsement having been made, shall be entered by the Registrar of the ship's port of registry in his Register Book and for that purpose the Registrar to whom the application for the registry of the alteration has been made, if he is not the Registrar of the ship's port of registry shall forthwith report to the last mentioned registrar the particulars and facts as accompanied, where a new certificate of registry has been granted, by the old certificate of registry.
(1) Where any Registrar, not being the Registrar of the ship's port of registry, on an application as to an alteration in a Tanzanian ship, directs the ship to be registered anew, he shall either grant a provisional certificate describing the ship as altered provisionally endorse the particulars of the alteration on the existing certificate.
(2) Every provisional certificate or certificate provisionally endorsed shall, within ten days after the first subsequent arrival of the ship at a port of registry in the United Republic, be delivered up to the Registrar thereof, and that Registrar shall cause the ship to be registered anew.
(3) The Registrar granting a provisional certificate under this section, or provisionally endorsing a certificate, shall add to the certificate or endorsement a statement that the certificate or endorsement is made provisionally and shall send a report of the particulars of the case to the Registrar of the ship's port of registry containing a statement similar to that made on the certificate or endorsement.
Where the ownership of any ship is changed, the Registrar of the port at which the ship is registered may on the application of the owners of the ship register the ship anew, although registration anew is not required under this Act.
(1) The registry of any ship may be transferred from one port in the United Republic to another, on the application to the Registrar of the existing port of registry of the ship made by declaration in writing of all persons appearing on the register to be interested therein as owners or mortgagees, but that transfer shall not in any way affect the rights of those persons or any of them, and those rights shall in all respects continue in the same manner as if no such transfer had been effected.
(2) On any application made under section 50 the Registrar shall transmit notice thereof to the Registrar of the intended port of registry, with a copy of all particulars relating to the ship and the names of all persons appearing on the register to be interested therein as owners or mortgagees.
(3) The ship's certificate of registry shall be delivered up to the Registrar either of the existing or intended port of registry, and if delivered up to the former shall be transmitted to the Registrar of the intended port of registry.
(4) On the receipt of the above documents the Registrar of the intended port of registry shall enter in his Register Book all particulars and names so transmitted and grant a fresh certificate of registry, and such ship shall be considered as registered at the new port of registry and the name of the ship's new port of registry shall be substituted for the name of her former port of registry on the ship's stern.
(1) The registry of any ship may be transferred from one port in the United Republic to another, on the application to the registrar of the existing port of registry of the ship made by declaration in writing of all persons appearing on the register to be interested therein as owners or mortgagees, but that transfer shall not in any way affect the rights of those persons or any of them, and those rights shall in all respects continue in the same manner as if no such transfer had been effected.
(2) On any such application the registrar shall transmit notice thereof to the registrar of the intended port of registry, with a copy of all particulars relating to the ship and the names of all persons appearing on the register to be interested therein as owners or mortgagees.
(3) The ship's certificate of registry shall be delivered up to the registrar either of the existing or intended port of registry, and if delivered up to the former shall be transmitted to the registrar of the intended port of registry.
(4) On the receipt of the above documents the registrar of the intended port of registry shall enter in his Register Book all particulars and names so transmitted as aforesaid and grant a fresh certificate of registry, and thenceforth such ship shall be considered as registered at the new port of registry and the name of the ship's new port of registry shall be substituted for the name of her former port of registry on the ship's stern.
(1) Where any Tanzanian or foreign registered ship is wrecked and the register thereof is closed, and the certificate of registry delivered up to the Registrar and cancelled, the Minister may direct that such ship may be registered as a Tanzanian ship in any port in the United Republic at and for which there is a Registrar, on proof being adduced to the satisfaction of the Minister that–
(a) the ship has been thoroughly repaired and made seaworthy;
(b) all the transactions connected with the wreck, condemnation and sale of the ship were in good faith;
(c) all the requirements of the law have been complied with.
(2) No registrar shall register any such ship as is referred to in subsection (1) without the consent of the Minister.
Incapacitated Persons (s 53)
Where by reason of infancy, lunacy or any other cause any person interested in any ship or any 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 manager, 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 other person interested, by any court or judge having jurisdiction in respect of the property of the incapable person, 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 as if done by the person for whom he has substituted.
Trusts and Equitable Rights (ss 54-55)
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 other person, the registered owner of a ship or a share therein shall have power absolutely to dispose in the 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.
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