Section 45
Section 45
Where a ship has ceased to be registered as a Brunei ship by reason of having been wrecked or abandoned, or for any reason other than capture by the enemy or transfer to a person not qualified to own a Brunei ship, the ship shall not be re-registered until she has, at the expense of the appli-cant for registration, been surveyed by a government sur-veyor and certified by him to be seaworthy.
Incapacitated Persons 46.
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 Part to be made or done in connection with the registry of the ship or share, the guar-dian or committee, 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 incapable persons, may make such declaration or a declaration as nearly corresponding thereto as circumst-ances permit, and do such act or thing in the name and on
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Merchant Shipping 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 is substituted.
Trusts and Equitable Rights 47.
(1)
No notice of any trust, express, implied or con-structive, shall be entered in the register book or be receiv-able 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 a share therein shall have power absolutely to dispose in the manner in this
Part provided of the ship or share, and to give effectual receipts for any money paid or advanced by way of consid-eration.
(2)
Without prejudice to the provisions of subsection
(1)
and section 38, and without prejudice to the provisions of this Part relating to the exclusion of unqualified persons from the ownership of Brunei ships, interests arising under contract or other equitable interests may be enforced by or against owners and mortgagees of ships in respect of their interest therein in the same manner as in respect of any other personal property.
Liability of Beneficial Owner 45