icon-grid
Better Regulation logo
Table of Contents

Table of Contents

Expand all headings Collapse all headings Expand side bar Collapse side bar
Mercantile Marine Act, 1955 (No. 29)Introductory TextPart I Preliminary and general (ss. 1-8)1. Short title.2. Interpretation.3. Non-application of this Act.4. Power to Minister to prescribe fees.5. Collection and disposal of fees.6. Laying of orders, rules and regulations before Houses of the Oireachtas.7. Expenses.8. Repeals.Part II Irish Ships, National Colours and Character (ss. 9-98)9. Irish ships.10. National colours for Irish ships.11. Prohibition on hoisting colours other than national colours.12. Obligation to hoist national colours.13. Penalty for unduly assuming Irish character.14. Penalty for concealment of Irish or assumption of foreign character.15. National character of ship to be declared before clearance.Qualification for Ownership and Obligation to Register (ss. 16A-22)16A. Persons qualified to own registered sea-fishing ships.16. Persons qualified to own registered ships.17. Registry of State-owned ships.18. Obligation to register ships owned by Irish citizens and Irish bodies corporate.19. Reciprocating states.20. Prohibition of registry and saver for certain ships.21. Registry under the law of another country.22. Penalty for unqualified person acquiring ownership of Irish ship.Procedure for Registration (ss. 23-32)23. Registrars.24. Register book.25. Survey and measurement of ship.26. Marking of ship.27. Application for registry.28. Declaration of ownership on registry.29. Evidence on first registry.30. Entry of particulars in register book.31. Documents to be retained by registrar.32. Ports of registry.Certificate of Registry (ss. 33-42)33. Certificate of registry.34. Custody of certificate.35. Penalty for use of improper certificate.36. Power to grant new certificate.37. Provision for loss of certificate.38. Endorsement of change of master on certificate.39. Endorsement of change of ownership on certificate.40. Delivery up of certificate of ship lost or ceasing to be owned by qualified persons.41. Temporary certificate for ships becoming owned by qualified persons abroad.42. Temporary passes in lieu of certificates of registry.Transfers and Transmissions (ss. 43-49)43. Transfer of ship or share.44. Declaration of transfer.45. Registry of transfer.46. Transmission of property in ship on death, bankruptcy, etc.47. Order for sale on transmission to unqualified person.48. Transfer of ship on sale by order of court.49. Power of court to prohibit transfer.Mortgage of ship or share (ss. 50-57)50. Mortgages.51. Entry of discharge of mortgage.52. Priority of mortgages.53. Mortgagee not treated as owner.54. Mortgagee to have power of sale.55. Mortgage not affected by bankruptcy.56. Transfer of mortgages.57. Transmission of interest in mortgage on death, bankruptcy, etc.Certificates of Mortgage and Sale (ss. 58-66)58. Powers of mortgage and sale may be conferred by certificate.59. Requisites for certificates of mortgage and sale.60. Restrictions on certificates of mortgage and sale.61. Contents of certificates of mortgage and sale.62. Restriction on transfer or mortgage.63. Rules as to certificates of mortgage.64. Rules as to certificates of sale.65. Power of Revenue Commissioners in case of loss of certificate of mortgage or sale.66. Revocation of certificates of mortgage and sale.Name of Ship (ss. 67-68)67. Rules as to name of ship.68. Power to refuse registry under particular name.Registry of Alterations, Registry anew and Transfer of Registry (ss. 69-76)69. Registry of alterations.70. Regulations for registry of alteration.71. Power to inquire into the title of a registered ship to be registered.72. Registry anew on change of ownership.73. Procedure for registry anew.74. Transfer of registry.75. Restrictions on re-registration of abandoned ships.76. Regulations restricting closing or transfer of registry.Incapacitated Persons (s. 77)77. Provision for cases of infancy or other incapacity.Trusts and Equitable Rights. (ss. 78-79)78. Notice of trusts not received.79. Equities not excluded by Act.Liability of Beneficial Owner (s. 80)80. Liability of owners.Managing Owner (s. 81)81. Ship's managing owner or manager to be registered.Declarations and Inspection of Register (ss. 82-87)82. Power of registrar to dispense with declarations and other evidence.83. Mode of making declarations.84. Inspection of register book.85. Documents admissible in evidence.86. Forms of documents and instructions as to registry.87. Instructions by Revenue Commissioners as to duties of their officers under this Act.Forgery and False Declarations (ss. 88-89)88. Forgery of documents.89. False declarations concerning ownership, etc., of ships.Forfeiture of Ship (s. 90)90. Proceedings on forfeiture of ship.Measurement of Ship and Tonnage (ss. 91-95)91. Ascertainment of tonnage of ships to be registered.92. Tonnage once ascertained to be the tonnage of ship.93. Space occupied by deck cargo to be liable to dues.94. Surveyors and directions for measurement of ships.95. Tonnage of ships of other countries.Register Office (ss. 96-97)96. Establishment of register office.97. Register of seamen.Prosecution of Offences (s. 98)98. Misdemeanour.First Schedule Enactments RepealedSecond Schedule Ports of RegistryThird Schedule Documents of which the forms are to be directed by the Revenue Commissioners and consented to by the Minister
Document Overview
Tools
Set a date to view the document
Text comparison options
Full text - Date 1 vs Date 2
Amendments requiring commencement - Current text vs Text requiring commencement
Draft proposed changes - Current text vs Text proposed by drafting documents
Coming soon: Any documents - Any document vs Another document at any date
Print / Export options
Current page
Whole document
Selected pages
Consolidated PDF of the entire document as of 23rd December 2024
Export
Export line by line
Export provision to provision
Report template
Create report template
Alert me to changes
Manage alerts
Bookmarks
This page
This document
Manage bookmarks
Search within this document
View previous searches
Share
Get page link
Share via email application
PreviousNext
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 22 December 1955 - onwards

59. Requisites for certificates of mortgage and sale.

Amendments (requiring commencement) by Sch. 1 to the Merchant Shipping (Registration of Ships) Act 2014 (No. 43), published 25 December 2014.

View:
Current text View proposed new text as it may be read Compare current vs amended text Whole document current text vs amendment text

Before a certificate of mortgage or sale is granted, the applicant shall state to the registrar, and the registrar shall enter in the register book, 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 a 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 the provisions of this Act;

(c) the limit of time within which the power may be exercised.

PreviousNext