Section 41

Where the interest of a mortgage in a registered

Brunei ship or any share therein is transmitted on the bank-ruptcy or death of the mortgagee, 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.

Merchant Shipping

A declaration made under this section shall con-tain a statement of the manner 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 the case of a corresponding transmission of the ownership of a registered Brunei ship or share therein.

The Registrar on 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.

Name of Ship 42.

A registered Brunei ship shall not be described by any name other than that by which she is for the time being registered ..

The Minister with the approval of His Majesty may make regulations, not inconsistent with subsection (3), enabling the Registrar to refuse, on such grounds as may be specified in the regulations, the registry of any ship by the name by which it is proposed to register that ship.

The Registrar may refuse to register any ship by the name by which it is proposed to register that ship if it is already the name of a ship which is registered in Brunei, or if the name by which it is proposed to register that ship is so similar to the name of such a Brunei ship as to be calculated to deceive. In the case of ships to which subsection (10) or

applies, the Registrar may require the name of such a ship to be changed immediately the ship has been reg-istered.

( 4) A change shall not be made in the name of a

Brunei ship without the previous written permission of the

Registrar.

41

Rules as to name of ship

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42

Merchant Shipping

Application for that permission shall be in writ-ing, and if the Registrar is of 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.

( 6) Any person who wishes to lodge an objection to the proposed change of name may do so in writing addres-sed to the Registrar to reach him not later than 7 days from the date of the publication of the notice.

If the Registrar receives no objections to the proposed change of name or having received an objection does not uphold the objection, he may on payment of the prescribed fee approve the change of name.

On permission being granted to change the name, the ship's name shall forthwith be altered in the regis-ter book, in the ship's certificate of registry, and on her bows and stern.

If it is shown to the satisfaction of the Registrar that the name of any Brunei registered 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 registry, and on her bows and stern according-ly.

Where a ship having once been registered 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 the Registrar shall not knowingly register the ship, except by the name by which she was previously registered, unless with the previous written permission of the Minister.

Where any ship, not having at any previous time been registered as a Brunei ship, becomes a Brunei ship, no person shall apply to register, and the Registrar

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Merchant Shipping shall not knowingly register the ship, except by the name which she bore immediately before becoming a Brunei ship, unless with the previous written permission of the Minister.

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 be guilty of an offence: Penalty, a fine of $2,000, and (except in the case of an application being made under this section with respect to a ship which, not having at any previous time been reg-istered as a Brunei ship, has become a Brunei ship) the ship may be detained until the provisions of this section are com-plied with.