Section 32: Transmission of property
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
32. Transmission of property
(1) Where the property in a registered ship or share in it is transmitted to
a person by any lawful means other than a transfer under section 31 and the
person is qualified to be the owner of a Mauritius ship—
(a) that person shall authenticate the transmission by making and
signing a declaration identifying the ship and containing the
statements referred to in section 31 (2) and a statement of the
manner in which the property has been transmitted;
(b) where the transmission is as a result of bankruptcy, the declaration shall be accompanied by such evidence as is acceptable to
the Registrar as proof of the title of person claiming under
bankruptcy;
(c) where the transmission is as a result of death, the declaration
shall be accompanied by an affidavit of succession or such other
proof as the Registrar may accept; and
(d) where the transmission is consequent upon an order of a Court,
the declaration shall be accompanied by a copy of the order or
judgment of that Court.
(2) Where there is a transmission of a Mauritius ship pursuant to subsection (1)—
(a) the new owner shall apply to the Registrar in a form approved by
him, enclosing the declaration referred to in subsection (1) (a)
and the proof required by subsection (1) (b), (c) or (d), for the
transmission to be registered;
(b) where the transmission is of all the shares in the ship, and application is not made within a reasonable time, the Registrar may
cancel the registration of the ship and the certificate of registration; and
(c) where the transmission is of one or more shares in the ship, and
application is not made within a reasonable time, the Registrar
shall serve a notice on the remaining registered owners notifying
them that, unless an application to register the transmission of
the share or shares is made within 30 days of the date of the
notice, the registration of the ship and the certificate of registration may be cancelled.
(3) The Registrar, on receipt of an application under subsection (2), and
on being satisfied that the ship remains entitled to be registered, shall enter
in the Register the name of the person entitled under the transmission as
owner of the ship or share in the property which has been transmitted, and
where there is more than one such person, they shall be considered as one
person.
M62 – 23 [Issue 2]
Merchant Shipping Act